Legal Question in Civil Rights Law in Virginia
I am on probation until 2021 for a 3rd DUI in 2006. I suffer from really bad depression, which responds only to electroconvulsive therapy. A few weeks ago I was involuntarily committeed to a psychiatric hospital, and have begun receiving my ECT treatments again. My probation officer wants me to sign a release giving her full access to my medical records, however, this is something I'm not comfortable with doing. I do not feel anyone needs unlimited access to my mental health records, especially when no crimes have been committed. Is this something he will be able to attain without my permission? In other words, should I just go ahead and sign or do I have the right to have my records protected?
1 Answer from Attorneys
No,(you should not sign this release) in the absence of a valid court order requiring such access for this PO to your medical records (for good and sufficient reasons).
And, I do not believe that she will be able to access them on her own without such an order and furthermore should have no need to do so since her primary job now merely involves monitoring your case for the court to ensure that you are fully compliant with the conditions
of your current probationary status and which should not require the kind of plenary access to your medical history which she appears to be seeking.
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