Editorial: Privacy concerns addressed

Tuesday, June 1, 1999 | 10:57 a.m.

The commission sought the bill after Tyson's medical records were posted on the Internet last year during news coverage of his relicensing hearing. Prior to Tuesday a fighter's medical records or any other documents provided to the commission as part of the licensing process were considered public documents.

In an emergency motion filed prior to Tyson's relicensing hearing, his attorneys asked the Nevada Supreme Court to keep his psychological profile and other medical records private. They were denied. The 41-page profile was made available to the public. Members of the media literally lined up to obtain a copy of the report on the day it was made available.

Under the new law, only information considered to be relevant to the granting or denying of a license will be made public. Everything else will remain confidential. While this is a step forward, the possibility still exists that some medical information could be released to the public, which is an invasion of a boxer's privacy rights. The doctor-patient privilege should extend to all patients, whether they be butchers, bakers or candlestick makers. Why should prizefighters be treated any differently?

Commissioners were concerned after the Tyson case other boxers might withhold information in pursuing a Nevada license, fearing similar scrutiny from an inquisitive media or salacious public. In addition, medical doctors and other boxing regulatory bodies might be reluctant to share sensitive medical information with Nevada officials if they felt it might be released to the public.

Watching a contrite and humble Tyson being probed on his medical past in a crowded meeting room with the CNN cameras recording every uncomfortable moment was more cruel and unusual than any punishment Tyson would have been allowed to mete out inside the ring. The Nevada State Athletic Commission is to be commended for seeking to close this loophole. While the legislation could have gone further and eliminated any possibility that medical records would become public, at least the Legislature took a first step in the right direction.