Can Medical Records Be Accessed and Used in Criminal Cases?

 Posted on September 08, 2026 in Criminal Defense

The information included in medical records is highly personal. This includes details about people’s overall health, the workings of their bodies, the illnesses or diseases they have experienced, and the treatments they have received. To protect people’s privacy, laws have been passed to keep medical records secret and ensure that people’s records are not shared with others without their consent. However, as the government takes steps to gather more data about people’s lives, concerns have been raised about whether medical records and other health information could be accessed by law enforcement officials and used in criminal cases.

Because of the different forms of evidence that often play a role in modern criminal cases, it is crucial for defendants to secure representation from an experienced attorney. A lawyer who understands the ways that medical information and other data can be used when prosecuting or defending a person can make sure their client’s rights will be protected while also developing an effective defense strategy.

How the Government May Access Medical Data

The Health Insurance Portability and Accountability Act (HIPAA) protects people’s medical information from being disclosed without their permission. Under this law, medical providers, including doctor’s offices, hospitals, and other facilities, are prohibited from sharing records without receiving authorization from patients. Insurance companies are also covered under this law, and they are not allowed to share information about the types of treatments people have received.

There is a wide variety of information about people’s health that is not covered by HIPAA. People who use wearable fitness devices, such as smart watches, wristbands, or rings, may not realize that information collected by these devices is stored in databases that are controlled by companies. Data may also be gathered by apps people use to track their diets or other health-related information. DNA samples sent to companies to obtain information about genealogy are also kept in databases. Internet searches about health-related issues may also be tracked. All of this information could potentially be accessed by the government.

Even information that is covered by HIPAA may be released to the government in certain circumstances. Courts may subpoena medical records to obtain information relevant to criminal cases. Data may also be shared for other reasons, such as public health reporting. States operate prescription drug monitoring programs to track prescriptions for controlled substances, and this data could be accessed when law enforcement officials investigate drug crimes.

One of the more troubling recent examples of the government’s collection of medical data has occurred through an effort by the Department of Health and Human Services (HHS), headed by Robert F. Kennedy, Jr., to obtain data about vaccinations and determine whether they may be linked to autism. Even though the link between vaccines and autism has been repeatedly debunked, HHS has attempted to obtain records from state health information exchanges. Concerns have been raised about how this information would be used, including whether it could be shared with Immigration and Customs Enforcement (ICE) and used to identify, detain, and deport undocumented immigrants.

With the vast amounts of data about people’s lives, health, and activities that is constantly being tracked, understanding how to address this information during criminal cases can be crucial for anyone who is facing criminal charges. A skilled and experienced attorney can review how information was gathered, taking steps to address any violations of a person’s rights that occurred. They can build a strategy that addresses the evidence involved in a case and helps a person defend against a criminal conviction.

Contact Our Hartford Criminal Defense Lawyers

At Woolf & Ross Law Firm, LLC, our lawyers know how to address the different types of evidence that can play a role in criminal cases. We will work with clients to make sure they understand the issues that may need to be addressed as they defend against convictions, and we will develop defense strategies that will help resolve cases successfully. Contact our Connecticut criminal defense attorneys at 860-290-8690 to set up a free consultation today.