EMPLOYEE PRIVACY AND RECORD KEEPING CASES

by:
D. Wesley Newhouse
Newhouse, Prophater, Letcher & Moots, LLC
Tel: (614) 255-5441

Biddle v. Warren Gen. Hospital (1999), 86 Ohio St. 3d 395. Patient’s common law right
of privacy in medical records.

Levias v. United Air Lines (1985), 27 Ohio App. 3d 222. Employee’s right of privacy in
medical records.

In re General Motors, 3 F.3d 980 (6th Cir. 1993). ERISA preempts state law claim for
invasion of privacy for the release of medical records.

Darcangelo v. Verizon, 292 F. 3d 181 (4th Cir. 2002), ERISA does not preempt state law
claim for invasion of privacy arisin from employer’s improper disclosure and use of PHI
during a disability discrimination lawsuit.

Rice v. Wal-Mart, 2003 U.S. Dist. LEXIS 17288 (D.N.H. September 30, 2003),
employees stated causes of action for invasion of privacy and other state law claims
arising from employer’s unauthorized use of medical information to obtain life insurance
policies.