Legal Question in Civil Litigation in California
Isn't it illegal/against the law for the court (Superior and Appellate) to state in the Tentative Rulings and Appellate Orders (viewable to the public via the court's websites) the various specific medical condition(s) that the party has or had, which was used as reasons the party stated, as grounds for relief, etc.? Isn't that a violation of Medical Privacy Act or Patient's (party's) privacy right(s) if the court publicly posts it? (I think it's alright if the court states that the party was ill, but to be very specific of a party's medical condition, is a bit overboard)
2 Answers from Attorneys
No. HIPPA applies to medical service providers, not the courts. When a party puts their exact medical condition in issue in a case, they make it public. If they want it kept private, they can petition the court for a protective order sealing the proceedings in an appropriate case, or more commonly to use concealed names, such as Jane S. versus Robert J. or even J. Doe v. R. Roe, instead of Jane Smith v. Robert Jones. That's why the famous abortion case is Roe v. Wade. Wade was a real person, a public official, but Roe is a fictitious name for Norma McCorvey who did not reveal her real name until a little while after the Supreme Court ruling came out. So if the parties don't do that, they have opted to have a public proceeding.
Mr. McCormick is right. Someone who publicly asks a court for relief should not be surprised when the court lists the grounds for that request in its order, or when it puts that order online in the normal course of its operations. The court does not breach the party's privacy by stating information she had already made public in her papers.
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