EFF have asked the U.S. Supreme Court to focus on the privacy issues at stake in a battle over the sale and data mining of medical records urging justices to reverse a ruling that could jeopardize patient privacy.

At issue is Vermont's Prescription Confidentially Law which bans pharmacies from selling or using patients' prescription records for marketing purposes without the doctor's express consent. Companies that collect and sell these records challenged the law in court arguing that they use "de-identified" information and that the law infringed their corporate free speech rights. The 2nd U.S. Circuit Court of Appeals ruled in favor of the companies. In an amicus brief filed with the Supreme Court EFF argued that the appeals court wrongly ignored patient privacy in its decision.