JAMES O. EASTLAND, MISS., CHAIRMAN SUBCOMMITTEE:

JOHN L. MCCLELLAN, ARK. EVERETT 4C KINLEY OIRKSEN, ILL. SAM J. ERVIN, JR., N.C., CHAIRMAN

SAM J. ERVIN, JR., N.C. ROMAN L. HRUSKA, NEBR. JOHN L.. MCCLELLAN, ARK. ROMAN L. HRUSKA, NEBR.
THOMAS J. DODO, CONN, HIRAM L. FONG, HAWAI EPWARP V. LONG, MO. HIRAM L. FONG, HAWAIT
PHILIP A. KART, MICH. HUGH SCOTT, PA. KDWARD M. KENNEDY, MASS. STROM THURMOND, §.C,
EDWARD V. LONG, MO. STROM THURMOND, 8.C. SIRCH BAYH, INO.

EDWARD M. KENMEDY, MASS. GHORGE A. SMATHERS, FLA.

HAMS BATH, 00.

QUESTIN ©. SUROICK, NH. OAK. PAUL L. WOODARD,

JOSEPH D. TYDINGS. MD. CHIEF COUNSEL AND STAFF DIRECTOR

SEOnCE A. Smarr. United Dtafes Henate

JOHN H. HOLLOMAM III
CHIEF COUNSEL ANO STAFF DIRECTOR COMMITTEE ON THE JUDICIARY

SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS
(PURSUANT To 6. RES, 1%, SOTH CONGRESS)

WASHINGTON, D.C. 20810

February 3, 1970

Doctor Joshua Lederberg

Professor of Genetics

Stanford University Medical Center
Stanford, California

Dear Doctor Lederberg:

Your letter of January 6 is both provocative and disturbing and will
be useful in our study of the right to privacy. a

The problem of confidentiality of medical records is one the Subcommittee SS
has wrestled with and I agree wholeheartedly with your analysis of the problem. =
Many times, it is particularly difficult to deal with when the medical records <
are classified as "security" records and become critical elements in a person's
security clearance prospects.

Since so many service-related records are now being placed in data banks
and the privacy invasion can flow from so many sources, I believe the only
effective answer is a new government regulatory agency to control data banks
on individuals. This will require considerable research to determine the
most effective legislation, but I believe it is a workable solution. The
enclosed reprint of a recent Senate speech on the subject describes my approach
in greater detail. Through my bill, S. 782, I have,worked for statutory
restrictions on soliciting of certain information from the individual employee
and on coercion of him in certain respects. I am also enclosing materials
relating to this bill.

Control of the Army's great Record Centers on civilians at Fort Holabird
and elsewhere should be one of the first areas of attack on the problem of
medical records. The Subcommittee has recently undertaken an agency by
agency study to determine what data banks on individuals are being developed
by federal agencies and how they affect constitutional rights.

With all kind wishes, I am
Sincerely yours,

%
Sam YEewin db ‘

Sam J. Ervin, Jr.
Chairman

SJE :mme
Enclosures