whalen roe argued october decided february responding concern drugs diverted unlawful channels new york legislature enacted statutory scheme correct defects previous law statute classifies potentially harmful drugs provides prescriptions category embracing dangerous legitimate drugs schedule ii prepared official form one copy form requires identification prescribing physician dispensing pharmacy drug dosage patient name address age must filed state health department pertinent data recorded tapes computer processing forms retained period system safeguard security thereafter destroyed public disclosure patient identity prohibited access files confined limited number health department investigatory personnel appellees including group patients regularly receiving schedule ii drugs prescribing doctors brought action challenging constitutionality schedule ii requirements holding relationship one zones privacy accorded constitutional protection act provisions invaded zone needlessly broad sweep since appellant unable demonstrate need requirements district enjoined enforcement challenged provisions held requirement reasonable exercise state broad police powers district finding necessity requirement proved sufficient reason holding statute unconstitutional pp neither immediate threatened impact requirement either reputation independence patients schedule ii drugs medically indicated suffices constitute invasion right liberty protected fourteenth amendment pp possibility doctor pharmacist may voluntarily reveal information prescription form existed prior law unrelated computerized data bank pp support record experience two new york program emulates assuming statute security provisions improperly administered remote possibility judicial supervision evidentiary use particular items stored information provide adequate protection unwarranted disclosure sufficient reason invalidating entire program pp though argued concern disclosure may induce patients refuse needed medication statute deprive public access schedule ii drugs clear fact prescriptions drugs filed month district injunction entered pp appellee doctors contention statute impairs right practice medicine free unwarranted state interference without merit whether refers statute impact procedures different impact prior statute refers patients concern disclosure rejected see supra stevens delivered opinion unanimous brennan post stewart post filed concurring opinions seth greenwald assistant attorney general new york argued cause appellant brief louis lefkowitz attorney general samuel hirshowitz first assistant attorney general michael lesch argued cause appellees roe et al brief solomon ferziger miles jaffe argued cause appellees patient et al brief melvin wulf john shattuck evelle younger attorney general california jack winkler chief assistant attorney general clark moore assistant attorney general shunji asari owen lee kwong deputy attorneys general filed brief state california amicus curiae urging reversal robert plotkin paul friedman filed brief national association mental health et al amici curiae urging affirmance justice stevens delivered opinion constitutional question presented whether state new york may record centralized computer file names addresses persons obtained pursuant doctor prescription certain drugs lawful unlawful market district enjoined enforcement portions new york state controlled substances act require recording ground violate appellees constitutionally protected rights privacy noted probable jurisdiction appeal commissioner health reverse many drugs legitimate illegitimate uses response concern drugs diverted unlawful channels new york legislature created special commission evaluate state laws commission found existing laws deficient several respects effective way prevent use stolen revised prescriptions prevent unscrupulous pharmacists repeatedly refilling prescriptions prevent users obtaining prescriptions one doctor prevent doctors either authorizing excessive amount one prescription giving one patient multiple prescriptions drafting new legislation correct defects commission consulted enforcement officials california illinois central reporting systems used effectively new new york statute classified potentially harmful drugs five schedules drugs heroin highly abused recognized medical use schedule prescribed schedules ii include drugs progressively lower potential abuse also recognized medical use concern limited schedule ii includes dangerous legitimate drugs exception emergencies act requires prescriptions schedule ii drugs prepared physician triplicate official form completed form identifies prescribing physician dispensing pharmacy drug dosage name address age patient one copy form retained physician second pharmacist third forwarded new york state department health albany prescription made official form may exceed supply may refilled district found schedule ii prescription forms delivered receiving room department health albany month sorted coded logged taken another room data forms recorded magnetic tapes processing computer thereafter forms returned receiving room retained vault period destroyed required statute receiving room surrounded locked wire fence protected alarm system computer tapes containing prescription data kept locked cabinet tapes used computer run means terminal outside computer room read record information public disclosure identity patients expressly prohibited statute department health regulation willful violation prohibitions crime punishable one year prison fine time trial department health employees access files addition investigators authority investigate cases overdispensing might identified computer twenty months effective date act computerized data used two investigations involving alleged overuse specific patients days act became effective litigation commenced group patients regularly receiving prescriptions schedule ii drugs doctors prescribe drugs two associations physicians various preliminary proceedings district conducted trial appellees offered evidence tending prove persons need treatment schedule ii drugs time time decline treatment fear misuse computerized data cause stigmatized drug addicts district held relationship one zones privacy accorded constitutional protection provisions act invaded zone needlessly broad sweep enjoined enforcement provisions act deal reporting patients names addresses district found state unable demonstrate necessity requirement basis experience first months administration new statute time alone provided basis invalidating statute lochner new york involved legislation making crime baker permit employees work hours week opinion longer regarded authoritative held statute unconstitutional unreasonable unnecessary arbitrary interference right individual personal liberty holding lochner implicitly rejected many times state legislation effect individual liberty privacy may held unconstitutional simply finds unnecessary whole part frequently recognized individual broad latitude experimenting possible solutions problems vital local concern new york statute challenged case represents considered attempt deal problem manifestly product orderly rational legislative decision recommended specially appointed commission held extensive hearings proposed legislation drew experience similar programs surely nothing unreasonable assumption requirement might aid enforcement laws designed minimize misuse dangerous drugs requirement reasonably expected deterrent effect potential violators well aid detection investigation specific instances apparent abuse least seem clear state vital interest controlling distribution dangerous drugs support decision experiment new techniques control experiment fails case experience teaches requirement results foolish expenditure funds acquire mountain useless information legislative process remains available terminate unwise experiment follows legislature enactment requirement reasonable exercise new york broad police powers district finding necessity requirement proved therefore sufficient reason holding statutory requirement unconstitutional ii appellees contend statute invades constitutionally protected zone privacy cases sometimes characterized protecting privacy fact involved least two different kinds interests one individual interest avoiding disclosure personal matters another interest independence making certain kinds important decisions appellees argue interests impaired statute mere existence readily available form information patients use schedule ii drugs creates genuine concern information become publicly known adversely affect reputations concern makes patients reluctant use doctors reluctant prescribe drugs even use medically indicated follows argue making decisions matters vital care health inevitably affected statute thus statute threatens impair interest nondisclosure private information also interest making important decisions independently persuaded however new york program face pose sufficiently grievous threat either interest establish constitutional violation public disclosure patient information come three ways health department employees may violate statute failing either deliberately negligently maintain proper security patient doctor may accused violation stored data may offered evidence judicial proceeding thirdly doctor pharmacist patient may voluntarily reveal information prescription form third possibility existed prior law entirely unrelated existence computerized data bank neither two possibilities provides proper ground attacking statute invalid face support record experience two new york emulated assumption security provisions statute administered improperly remote possibility judicial supervision evidentiary use particular items stored information provide inadequate protection unwarranted disclosures surely sufficient reason invalidating entire program even without public disclosure course true private information must disclosed authorized employees new york department health disclosures however significantly different required prior law meaningfully distinguishable host unpleasant invasions privacy associated many facets health care unquestionably individuals concern privacy may lead avoid postpone needed medical attention nevertheless disclosures private medical information doctors hospital personnel insurance companies public health agencies often essential part modern medical practice even disclosure may reflect unfavorably character patient requiring disclosures representatives state responsibility health community automatically amount impermissible invasion privacy appellees also argue however even unwarranted disclosures actually occur knowledge information readily available computerized file creates genuine concern causes persons decline needed medication record supports conclusion use schedule ii drugs discouraged concern also clear however prescriptions drugs filled month prior entry district injunction clearly therefore statute deprive public access drugs said individual deprived right decide independently advice physician acquire use needed medication although state doubt prohibit entirely use particular schedule ii drugs done case therefore unlike held total prohibition certain conduct impermissible deprivation liberty state require access drugs conditioned consent state official third party within dosage limits appellees challenge decision prescribe use left entirely physician patient hold neither immediate threatened impact requirements new york state controlled substances act either reputation independence patients schedule ii drugs medically indicated sufficient constitute invasion right liberty protected fourteenth amendment iii appellee doctors argue separately statute impairs right practice medicine free unwarranted state interference doctors claim reference impact statute procedures clearly frivolous even prior statute required doctor prepare written prescription identifying name address patient dosage prescribed drug extent claim reference possibility patients concern disclosure may induce refuse needed medication doctors claim derivative therefore stronger patients rejection claim therefore disposes doctors well iv final word issues decided unaware threat privacy implicit accumulation vast amounts personal information computerized data banks massive government files collection taxes distribution welfare social security benefits supervision public health direction armed forces enforcement criminal laws require orderly preservation great quantities information much personal character potentially embarrassing harmful disclosed right collect use data public purposes typically accompanied concomitant statutory regulatory duty avoid unwarranted disclosures recognizing circumstances duty arguably roots constitution nevertheless new york statutory scheme implementing administrative procedures evidence proper concern protection individual interest privacy therefore need decide question might presented unwarranted disclosure accumulated private data whether intentional unintentional system contain comparable security provisions simply hold record establish invasion right liberty protected fourteenth amendment reversed footnotes roe ingraham supp sdny earlier district dismissed complaint want substantial federal question roe ingraham supp appeals reversed holding substantial constitutional question presented therefore required roe ingraham jurisdiction conferred laws amended laws temporary state commission evaluate drug laws hereafter issued two reports stipulated constitute part legislative history act reports interim report temporary state commission evaluate drug laws state new york legislative doc second interim report temporary state commission evaluate drug laws albany apr chairman summarized findings law enforcement officials california illinois consulted considerable depth use multiple prescriptions since using considerable period time indicate us useful adjunct proper identification culpable professional unscrupulous drug abusers also give reliable statistical indication pattern drug flow throughout information sorely needed state stem tide diversion lawfully manufactured controlled substances memorandum chester hardt app five schedules conform material aspects drug schedules federal comprehensive drug abuse prevention control act et seq include opium opium derivatives cocaine methadone amphetamines methaqualone pub health law drugs accepted uses amelioration pain treatment epilepsy narcolepsy hyperkinesia disorders migraine headaches pub health law forms prepared issued department health numbered serially groups forms per group cents per triplicate form new york state health department official new york state prescription form pub health law pharmacist normally forwards prescription albany filling physician dispenses drug must forward two copies prescription department health pub health law laws physician pharmacist required retain copies five years also pub health law required destroy section pub health law person knowledge virtue office identity particular patient research subject manufacturing process trade secret formula shall disclose knowledge report record thereof except another person employed department purposes executing provisions article pursuant judicial subpoena order criminal investigation proceeding agency department government official board authorized regulate license otherwise supervise person authorized article deal controlled substances course investigation proceeding agency department board central registry established pursuant article course proceeding information disclosed except necessary effectuate rights party proceeding presiding officer shall take action necessary insure information record report information made public person knowledge virtue office identity particular patient research subject manufacturing process trade secret formula shall disclose knowledge report record thereof except another person virtue office employee department entitled obtain information pursuant judicial subpoena order criminal investigation proceedings agency department government official board authorized regulate license otherwise supervise person authorized article public health law deal controlled substances course investigation proceeding agency department board central registry established pursuant article public health law pub health law mckinney physicians associations empire state physicians guild american federation physicians dentists articulate claims severable claims named physicians therefore find unnecessary consider whether organizations may standing maintain suits addition appeal original dismissal complaint parties took depositions made part record entered stipulation facts two parents testified concerned children stigmatized state central filing system one child taken schedule ii medication concern three adult patients testified feared disclosure names result central filing patient identifications one obtains drugs another state two continue receive schedule ii prescriptions new york continue fear disclosure stigmatization four physicians testified prescription system entrenches patients privacy observed reaction shock fear concern part patients informed plan one doctor refuses prescribe schedule ii drugs patients hand patients per month receiving schedule ii drug prescriptions without objections central filing come attention district record shows provisions act brought attention section psychiatry new york state medical society app body apparently declined support suit pub health law roe wade griswold connecticut ferguson skrupa fha darlington concerned however wisdom need appropriateness legislation olsen nebraska ex rel western reference bond justice brandeis classic statement proposition merits reiteration stay experimentation things social economic grave responsibility denial right experiment may fraught serious consequences nation one happy incidents federal system single courageous state may citizens choose serve laboratory try novel social economic experiments without risk rest country power prevent experiment may strike statute embodies ground opinion measure arbitrary capricious unreasonable power due process clause held applicable matters substantive law well matters procedure exercise high power must ever guard lest erect prejudices legal principles guide light reason must let minds bold new state ice liebmann dissenting opinion omitted absence detected violations course demonstrate statute significant deterrent effect beginning civilized societies legislators judges acted various unprovable assumptions assumptions underlie much lawful state regulation commercial business affairs paris adult theatre slaton citations omitted nothing constitution prohibits state reaching conclusion acting legislatively simply conclusive evidence empirical data regulation assumed take variety valid forms robinson california cf minnesota ex rel whipple martinson beauharnais illinois basis constitutional claim rely shadows cast variety provisions bill rights language prior opinions individual justices provides support view personal rights implicit concept ordered liberty see palko connecticut quoted roe wade fundamental undefined penumbra may provide independent source constitutional protection roe wade however carefully reviewing cases expressed opinion right privacy founded fourteenth amendment concept personal liberty right privacy whether founded fourteenth amendment concept personal liberty restrictions upon state action feel district determined ninth amendment reservation rights people broad enough encompass woman decision whether terminate pregnancy emphasis added see also stewart concurring griswold connecticut harlan concurring judgment professor kurland written concept constitutional right privacy still remains largely undefined least three facets partially revealed form shape remain fully ascertained first right individual free private affairs governmental surveillance intrusion second right individual private affairs made public government third right individual free action thought experience belief governmental compulsion private university chicago magazine autumn first facets describes directly protected fourth amendment second third correspond two kinds interests referred text dissent olmstead justice brandeis characterized right let alone right valued civilized men griswold connecticut said first amendment penumbra privacy protected governmental intrusion see also stanley georgia california bankers assn shultz douglas dissenting powell concurring roe wade supra doe bolton loving virginia griswold connecticut supra pierce society sisters meyer nebraska allgeyer louisiana paul davis characterized decisions dealing matters relating marriage procreation contraception family relationships child rearing education areas held limitations power substantively regulate conduct independent investigation california illinois central filing systems failed reveal single case invasion patient privacy memorandum chester hardt chairman triplicate prescriptions new york state controlled substances act effective apr reproduced app last term buckley valeo rejected contention reporting requirements federal election campaign act violated first amendment rights contribute minority parties appellant case tendered record evidence instead appellants primarily rely clearly articulated fears individuals well experienced political process best offer testimony several officials one two persons refused make contributions possibility disclosure record substantial public interest disclosure identified legislative history act outweighs harm generally alleged omitted fears parents behalf children receiving amphetamines treatment hyperkinesia doubly premature must act nondisclosure provisions violated order stigmatize children enter adult life provisions requiring destruction prescription records five years ignored see supra accompanying text evidentiary privilege unknown common law exists legislative enactment subject many exceptions waiver many reasons mccormick evidence ed wigmore evidence nn mcnaughton rev ed familiar examples statutory reporting requirements relating venereal disease child abuse injuries caused deadly weapons certifications fetal death last term upheld recordkeeping requirements missouri abortion laws challenge based protected interest making abortion decision free governmental intrusion planned parenthood central missouri danforth course well settled state broad police powers regulating administration drugs health professions robinson california minnesota ex rel whipple martinson barsky board regents doe bolton instance constitutionally defective statute required written concurrence two physicians patient personal physician abortion performed advance approval committee less three members hospital staff procedure performed regardless whether committee members relationship woman concerned roe appellees also claim constitutional privacy right emanates fourth amendment citing language terry ohio point quotes katz cases involve affirmative unannounced narrowly focused intrusions individual privacy course criminal investigations never carried fourth amendment interest privacy far roe appellees us decline likewise patient appellees derive right individual anonymity freedom association cases bates little rock naacp alabama cases protect freedom association purpose advancing ideas airing grievances bates little rock supra anonymity course medical treatment also cases uncontroverted showing past harm disclosure naacp alabama supra element absent cf schulman new york city health hospitals doctors rely two references physician right administer medical care opinion doe bolton nothing case suggests doctor right administer medical care greater strength patient right receive care constitutional right vindicated doe right pregnant woman decide whether bear child without unwarranted state interference statutory restrictions abortion procedures invalid encumbered woman exercise constitutionally protected right placing obstacles path doctor upon entitled rely advice connection decision obstacles impacted upon woman freedom make constitutionally protected decision merely made physician work laborious less independent without impact patient violated constitution boyer computerized medical records right privacy emerging federal response buffalo rev miller computers data banks individual privacy overview colum human rights rev miller assault privacy see also utz cullinane app justice brennan concurring write express understanding opinion join new york statute attack requires doctors disclose state information prescriptions certain drugs high potential abuse provides storage information central computer file recognizes individual interest avoiding disclosure personal matters aspect right privacy ante nn holds case interest seriously enough invaded state require showing program indispensable state effort control drug abuse information disclosed physician program made available small number public health officials legitimate interest information record makes clear new york long required doctors make information available officials request practice challenged limited reporting requirements medical field familiar ante generally regarded invasion privacy broad dissemination state officials information however clearly implicate constitutionally protected privacy rights presumably justified compelling state interests see roe wade troubling scheme however central computer storage data thus collected obviously state argues collection storage data state legitimate rendered unconstitutional simply new technology makes state operations efficient however example fourth amendment shows constitution puts limits type information state may gather also means may use gather central storage easy accessibility computerized data vastly increase potential abuse information prepared say future developments demonstrate necessity curb technology case opinion makes clear state carefully designed program includes numerous safeguards intended forestall danger indiscriminate disclosure given serious far record shows successful effort prevent abuse limit access personal information issue say statute provisions computer storage face amount deprivation constitutionally protected privacy interests traditional reporting provisions absence deprivation state required prove challenged statute absolutely necessary attempt control drug abuse course statute effect deprivation consistent constitution necessary promote compelling state interest roe wade supra eisenstadt baird white concurring result justice stewart concurring katz made clear although constitution affords protection certain kinds government intrusions personal private matters general constitutional right privacy protection person general right privacy right let alone people like protection property life left largely law individual omitted justice brennan concurring opinion road dissemination state officials information collected new york state clearly implicate constitutionally protected privacy rights ante possible support opinion statement earlier reference two footnotes opinion citing ante nn majority opinion footnotes however cite two opinions two cases support proposition advanced justice brennan first case referred griswold connecticut held state constitutionally prohibit married couple using contraceptives privacy home although broad language opinion includes discussion privacy see constitutional protection discovered also related marriage see goldberg concurring harlan concurring judgment citing poe ullman harlan dissenting white concurring judgment privacy home see majority opinion goldberg concurring harlan concurring judgment citing poe ullman supra harlan dissenting right use contraceptives see white concurring judgment see also roe wade stewart concurring whatever ratio decidendi griswold recognize general interest freedom disclosure private information case referred stanley georgia held individual constitutionally prosecuted possession obscene materials home although stanley makes reference privacy rights holding simply first amendment made applicable fourteenth protects person right read chooses circumstances choice poses threat sensibilities welfare others upon understanding nothing says today contrary views join opinion judgment see first amendment example imposes limitations upon governmental abridgment freedom associate privacy one association naacp alabama third amendment prohibition unconsented peacetime quartering soldiers protects another aspect privacy governmental intrusion extent fifth amendment reflects constitution concern right individual private enclave may lead private life tehan shott virtually every governmental action interferes personal privacy degree question case whether interference violates command constitution