DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

California State Agency Released Confidential HIV Information: ACLU and Lambda Legal Demand Explanation

Posted on September 9, 2010 by Dissent

Today Lambda Legal, the American Civil Liberties Union of Northern California (ACLU-NC), and HIV & AIDS Legal Services Alliance (HALSA) sent a letter to David Maxwell-Jolly, Director of the California Department of Health Care Services, demanding a full explanation for the unauthorized and illegal disclosures of confidential identifying information of approximately 5,000 HIV-positive Medi-Cal recipients. The information was released over a two-and-a-half-year period, beginning in 2007, to a third party service provider. In addition, Lambda Legal, the ACLU-NC, and HALSA seek immediate assurances from the state agency that no additional unauthorized, illegal disclosures will occur.

Lambda Legal and ACLU-NC became aware of the breach during discussions about AB 2590, a bill which would have diluted the strong confidentiality protections under California law for those with HIV/AIDS and would have legalized the unauthorized release of such information to an HIV/AIDS service provider. Although current law forbids unauthorized disclosures about a person’s HIV status, the state agency released confidential identifying information about HIV-positive Medi-Cal recipients without authorization or proper limitations on how that information was to be used by a private organization, the AIDS Healthcare Foundation.

“The state stepped out of bounds when it disclosed the confidential records of HIV-positive Medi-Cal patients, even including their contact information,” said Elizabeth Gill, Staff Attorney at the ACLU of Northern California. “Medical records contain highly sensitive and personal information, and DHCS had no right to give out that information without people’s permission.”

“This is not just a violation of people’s privacy, it’s a violation of California law,” said Peter Renn, Staff Attorney with Lambda Legal. “HIV is still a highly stigmatized disease, something the state agency seems to have conveniently forgotten. Especially for those who are extra vulnerable – like many who depend on Medi-Cal for their essential medical care – it is critical to prevent improper disclosures of private health information, such as one’s HIV status. Of course we all want people with HIV to be able to access quality health services. But that does not require stripping patients of control over their own medical information and exposing them to greater likelihood of stigma and discrimination.”

The letter, delivered on Thursday, September 9 demands that the state agency comply with California law and stop releasing information to third party service providers. It also demands that the state agency provide a full accounting of exactly what information was released. Lambda Legal, the ACLU, and HALSA have also submitted a request under the California Public Records Act requesting documents regarding the release, with the confidential information removed.

The three organizations have requested DHCS to respond by September 20. For more information, and to see a complete version of the letter, go towww.lambdalegal.org/ld-medical-hiv-patients or www.aclunc.org.

Source:  Lambda Legal Press Release

Category: Health Data

Post navigation

← California hospital fined $250k for tardy breach notice to state (updated)
South Shore Hospital won't provide individual notice. Do they have to? →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Credit Control Corporation data allegedly from 9.1 million consumers listed for sale on forum
  • Copilot AI Bug Could Leak Sensitive Data via Email Prompts
  • FTC Provides Guidance on Updated Safeguards Rule
  • Sentara Health terminates remote employees after realizing they couldn’t be sure who was doing the work.
  • Hackers Break Into Car Sharing App, 8.4 Million Users Affected
  • Cyberattack pushes German napkin company into insolvency
  • WMATA Train Operators Arrested in Health Care Fraud Scheme
  • Washington Post investigating cyberattack on journalists, WSJ reports
  • Resource: State Data Breach Notification Laws – June 2025
  • WestJet investigates cyberattack disrupting internal systems

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • Vermont signs Kids Code into law, faces legal challenges
  • Data Categories and Surveillance Pricing: Ferguson’s Nuanced Approach to Privacy Innovation
  • Anne Wojcicki Wins Bidding for 23andMe
  • Would you — or wouldn’t you?
  • New York passes a bill to prevent AI-fueled disasters
  • Synthetic Data and the Illusion of Privacy: Legal Risks of Using De-Identified AI Training Sets
  • States sue to block the sale of genetic data collected by DNA testing company 23andMe

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.