When Netflix subscribers, family members, friends or guests of a Netflix subscriber log onto the subscriber’s account, the viewing history of each is available. The federal Video Privacy Protection Act [VPPA; 18 U.S.C. 2710] was enacted in 1988 in response to a newspaper’s publication of U.S. Supreme Court nominee Robert Bork’s video rental history. The […]
You Can’t Make This Stuff Up!
The owner and supervisor of a company was yelling and visibly upset that there was a sanitary napkin by the toilet and blood around the toilet seat. All female employees were ordered to line up to be checked to see if they were having their period, with a promise that anyone who refused to get […]
No Breach Of Confidentiality Because Plaintiff Does Not Allege Anyone Actually Read Stolen Medical Records.
A thief stole a health care provider’s computer containing medical records of about four million patients. The plaintiffs filed an action under the Confidentiality Act [Civil Code section 56.36], seeking to represent, in a class action, all of the patients whose records were stolen, with a potential award of about $4 billion against the health […]
Previously We Reported: Newspaper Entitled To Names Of Officers Records Involved In Shooting. Affirmed By California Supreme Court.
The Los Angeles Times made a request under California’s Public Records Act [Government Code section 6250] seeking the names of police officers involved in a December 2010 officer involved shooting in Long Beach as well as the names of officers involved in all shootings over the previous five years. The City initially said it intended […]
Privacy Rights Of Nonparty In Copyright Infringement Action.
Defendant operates in internet service through which users may upload and retrieve digital music files. Plaintiff brought an action in the New York trial court, alleging defendant infringed on copyrights afforded under New York common law. A nonparty publishes an online newsletter and published an article reporting an artist accused defendant of copyright infringement. Following […]
Patient Authorization Not Required For Access To Prescription Database.
The Medical Board of California issued investigative subpoenas in connection with the investigation of a doctor for prescribing excessive controlled substances. The investigator sent letters to five patients requesting release of their medical records, and the patients objected, so the doctor would not produce the requested information. The Board accessed a computerized database of controlled […]
Access To Emails Of Public Officials & Employees On Their Private Accounts.
A man asserted a right to inspect specified written communications, including email and text messages, sent to or received by public official and employees on their private electronic devices using their private accounts. The appellate court said the issue is whether those private communications, which are not stored on City servers and are not directly […]
Discovery Of Portions Of Other Patient’s Hospital Records Ordered.
The sons of a woman who died after hip replacement surgery brought an action against the hospital and doctors. The post-operative order for decedent provided for morphine and Dilaudid as pain medication, but the form order left blank spaces for the doses and intervals for their administration, and did not provide whether the pain medications […]
Class Action Not Certified.
A home warranty provider, the defendant in this action, records all incoming and outgoing telephone calls. A customer placing an inbound call is told: “To ensure the highest quality service your call may be monitored or recorded.” Plaintiff filed a class action against the defendant alleging it violates Penal Code section 632 which prohibits the intentional […]
Subpoenas Just What The Doctor Ordered.
A physician with board certification in addiction medicine reviewed prescriptions issued by a California doctor. As a result of that review, the medical board issued subpoenas to a doctor for medical records of ten patients. The doctor refused to comply, so the medical board petitioned the superior court to compel the doctor to comply. The superior […]