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Law Review Article About Urinalysis Drug Testing and Privacy Issues


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I came across this law review article that discusses the privacy issues that come into play when urine samples are required to test for drugs.  It's kind of dense reading and deals with legal principles within the US system, but I'm not a lawyer and I could follow it pretty well.  It's got quite a few gems in it and talks pretty explicitly at times about how the test is monitored.  It basically focuses on how the courts have taken into account the different expectations of privacy between men and women when using a public bathroom, with men and boys accustomed to being visible to others when using urinals while women typically are behind a stall door, where others can hear them peeing but not see them.  Unfortunately, most of us here will probably not like the conclusion that they come to at the end that in the future the courts should apply the greater expectation of privacy that women have to all genders, including men.  Which is ironic since earlier in the essay they criticize the male-dominated courts for applying the reasonable expectation of privacy that males have to all of society in general. 

This obviously deals with the legal system under the US Constitution, but I would be interested to hear from anyone here from other countries, especially in Europe, about how providing a urine sample for drug testing is handled there, and how much privacy is typically given or expected in that situation.

https://lawreview.colorado.edu/printed/leveling-up-to-a-reasonable-womans-expectation-of-privacy/

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