CONSTITUTIONAL LAW - RIGHT OF PRIVACY - PERSONALITY TEST USED BY SCHOOL TO IDENTIFY POTENTIAL DRUG ABUSERS WITHOUT INFORMED CONSENT OF PARENTS VIOLATES STUDENT'S AND PARENTS' RIGHT OF PRIVACY

• NCJ Number: 17748
• Journal: Vanderbilt Law Review Volume: 27 Issue: 2 Dated: (MARCH 1974) Pages: 372-381
• Author(s): ANON
• Date Published: 1974
• Length: 10 pages
• Corporate Author: Vanderbilt University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

IN MERRIKEN V. CRESSMAN (E.D. PA. 1973), THE COURT REASONED THAT ANY INVASION OF THE FAMILY RELATIONSHIP (THE HIGHLY PERSONAL NATURE OF THE QUESTIONNAIRE) WAS A VIOLATION OF THE CONSTITUTIONAL RIGHT OF PRIVACY.

Abstract

IT ALSO CONCLUDED THAT THE INFORMATION IN THE PARENTAL CONSENT LETTER WAS NOT SUFFICIENT TO CONSTITUTE INFORMED CONSENT, AND EXPRESSED DOUBTS AS TO THE VERACITY OF THE TEST RESULTS, THE QUALIFICATIONS OF THE PERSONNEL ADMINISTERING THE PROGRAM, AND THE ALLEGED CONFIDENTIALITY OF THE INFORMATION. THE AUTHOR POINTS OUT THAT THE COURT'S EMPHASIS ON FAMILIAL PRIVACY SPECIFICALLY AVOIDS THE QUESTION OF PLAINTIFF STUDENT'S OWN RIGHTS. HOWEVER, IT IS SUGGESTED THAT THE INSTANT CASE MAY HAVE A SUBSTANTIAL EFFECT ON THE POWER OF THE SCHOOL OVER ITS CURRICULUM, AND AN IMPORTANT POTENTIAL IMPACT ON THE FIELD OF PSYCHOLOGICAL OR PERSONALITY TESTING.