A 3-2 Indiana Supreme Court decision last month ruled that Fifth Amendment protection against self-incrimination extends to court orders for a suspect to unlock her cellphone. Other states, however, have taken the opposite stance, setting the stage for a likely US Supreme Court case.
Americans have encountered numerous new experiences during COVID-19, but contact tracing isn’t one of them. Long used to track diseases such as tuberculosis, contact tracing is described by experts as a “tried and true” public health tool. But as the scale of the tracing has ballooned during the pandemic, so has the distrust of the method.
The Indiana Court of Appeals has partially reversed in favor of a hospital on invasion of privacy and intrusion claims after a family feud between health care employees resulted in comprised confidential health records.
A divided Indiana Court of Appeals has reinstated a patient’s claim that a hospital is vicariously liable for the actions of a medical assistant who accessed her medical records and then shared details with her husband after she noticed that the patient had “liked” a photo of her husband on Facebook.
A Lake County woman whose medical records were unknowingly shared with her employer by a Community Hospital worker in Munster who took her x-rays has won a reversal of her dismissed complaint against the hospital.
Indiana’s attorney general says thousands of patient medical records have been found at three shuttered Indiana abortion clinics that were operated by a late abortion doctor whose Illinois garage was found to contain more than 2,200 sets of preserved fetal remains. Attorney General Curtis Hill said Friday that the women who were patients at Dr. Ulrich Klopfer’s clinics in Gary, South Bend and Fort Wayne had an expectation that their privacy would be protected, but their records were “abandoned” in the clinics when they closed years ago.
An Indianapolis judge is deciding whether information in a complaint alleging Equifax could have, but failed to, prevent one of the largest cybersecurity breaches in United States history must be unsealed and made accessible to the public.
A woman whose medical records were improperly accessed and posted on Facebook was unable to get a remedy when the Indiana Court of Appeal found Franciscan Alliance Inc. was neither liable nor negligent for the actions its employee.
Although a measure that would offer civil remedies to revenge porn victims easily passed a Senate Judiciary committee Monday, questions were raised as to whether parents of teen victims could take action against the perpetrator’s parents to gain relief.
A woman found in contempt for refusing to unlock her smartphone in a criminal investigation has informed the Indiana Supreme Court that her criminal cases have been resolved. Now, the high court wants to hear arguments over whether her ongoing appeal is moot.
In the past year, attorney Alex Beeman has received some 36 calls from individuals impacted by revenge porn. That adds up to at least three requests per month asking how they can navigate a potentially life-altering situation.
A man who argued his constitutional right to have an intimate relationship with his ex-wife had been violated was denied an appeal of his invasion of privacy conviction when the Indiana Court of Appeals found the privacy statute did not directly interfere with his fundamental rights.
A ruling from the 7th Circuit Court of Appeals about smart meters inspired contradictory reactions as the appellate panel held that data collected through the devices by a public utility is protected by the Fourth Amendment, but then, in the next breath, found the search by the Naperville, Illinois, power company was reasonable.
To mark the 46th anniversary of the U.S. Supreme Court’s Roe v. Wade decision, two groups rallied at the Indiana Statehouse Jan. 22, and showed that of the divisions among Americans, the gulf over abortion rights remains among the widest.
The Supreme Court struggled Wednesday over what to do about an $8.5 million class-action settlement involving Google and privacy concerns in which all the money went to lawyers and nonprofit groups, but nothing was paid to 129 million people who used Google to perform internet searches.
Though Indiana Attorney General Curtis Hill won’t face criminal charges stemming from allegations that he groped at least four women at a party in March, he may not legally be out of the woods. A tort claim notice filed with Hill’s office last week announced the women’s plans to seek civil redress against the Attorney General, an action that could have a direct impact on taxpayers’ wallets.
The Indiana Attorney General’s Office is now in the process of investigating a complaint filed against it, the state and Attorney General Curtis Hill after four women who publicly accused Hill of groping them at a party filed official notice of a civil lawsuit. If the women succeed on their claims against state defendants, taxpayers could be on the hook to pay any judgments.
Law enforcement cannot force a Hamilton County woman to unlock her smartphone as part of criminal investigation because doing so would violate Fifth Amendment rights against self-incrimination, a divided panel of the Indiana Court of Appeals held on an issue of first impression that combined constitutional law with technological advancements.
A time-barred complaint and contradictory statements made by a woman who claimed her privacy was violated during her knee-replacement surgery led the Indiana Court of appeals to affirm summary judgment for six defendants in a medical invasion of privacy case.
When does an action become testimonial? What role do technological advances play in Fifth Amendment analyses? When can law enforcement compel people to unlock their cellphones without infringing on constitutional rights? The Indiana Court of Appeals is grappling with those questions as it considers a Fifth Amendment case of first impression.