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Defendant-appellant Brandon Tyler Kern was convicted of manslaughter based on his involvement in a car accident resulting in another driver’s death. The trial court denied Mr. Kern’s motion to suppress evidence regarding his post-crash blood alcohol content (BAC), which police obtained without a warrant from the hospital that treated him after the crash. The trial court held that the hospital’s disclosure of Mr. Kern’s medical information, which was required by ORS 676.260, was not unlawful under the search-and-seizure guarantees of the Oregon and United States Constitutions. The court of appeals affirmed.

The State Supreme Court Initiative and the ºìÐÓÊÓƵ of Oregon filed an amicus brief urging the Court to reverse. The brief argues that the Court should recognize a person retains a privacy interest in their medical information, even when held by their health care providers. It explains why Article I, section 47 of the Oregon Constitution, which enshrines a fundamental right to health care access, further supports this privacy interest. The brief also explains why a ruling in favor of Mr. Kern would protect not only BAC results but also other medical records, including those reflecting reproductive and gender-affirming care that might be targeted by law enforcement hostile to that care.