Yes, taking medical records from someone without their legal consent is generally unlawful. Under federal and state privacy laws (such as HIPAA in the United States), medical records contain highly sensitive protected health information that cannot be accessed, shared, or taken without authorization. [1, 2]

When it is unlawful

• Unauthorized Access or Theft: If an unauthorized person, including a family member, acquaintance, or unauthorized healthcare worker, takes or views records without a signed Medical Release Form, it is illegal. [1, 2]
• Criminal Penalties: Wrongfully obtaining or disclosing protected health information with malicious intent can result in severe financial penalties and criminal charges (including federal prison time). [1, 2, 3]

Exceptions to the rule

• Personal Access: By law, patients have the legal right to request and receive copies of their own medical records. [1, 2]
• Legal Guardians or Personal Representatives: Individuals with medical Power of Attorney, legal guardianship, or authorized personal representatives can lawfully access the records. [1, 2]
• Healthcare Operations: Doctors, insurance companies, and medical staff directly involved in a patient’s care can access records for treatment and payment purposes. [1]

If you suspect someone’s medical records have been unlawfully taken or breached, you can file an official complaint through the U.S. Department of Health and Human Services. [1]

Could you tell me a bit more about the context of this situation? For instance:

• Are you looking to obtain your own records or someone else’s?
• Are you trying to find out if taking them was a breach of privacy?
• What state or region are you located in?

I can provide more specific guidance based on your local laws and exact needs.