DataBreaches.Net

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

Cal.6th: There is a federal constitutional right of privacy in medical and psychiatric records

Posted on January 31, 2011 by Dissent

From FourthAmendment.com:

There is a Griswold constitutional right of privacy in medical and psychiatric records which can only be disclosed when there is a compelling state interest, which the court finds here in a SVP [Sexually Violent Predator] case. People v. Gonzales, 2011 Cal. App. LEXIS 91 (6th Dist. January 27, 2011)

Read more on FourthAmendment.com.

From the opinion’s Statement of the Case:

In 2007, the Santa Clara County District Attorney filed a petition to commit defendant Ramiro Gonzales as a sexually violent predator (SVP) under the SVP Act. (Welf. & Inst. Code, § 6600 et seq.) A jury found the defendant qualified as an SVP, and the court ordered defendant committed to the custody of the Department of Mental Health (DMH) for an indeterminate term.

On appeal from the commitment order, defendant claims the trial court erred in releasing psychological records to the prosecution and admitting the testimony of a former therapist.  He claims there is insufficient evidence that his circumstances had materially changed since a previous determination that he did not qualify as an SVP.  He claims the court erred in refusing to instruct the jury that mental retardation could not be considered a mental disorder in determining whether he qualified as an SVP.  He claims the indeterminate commitment violates his constitutional rights to equal protection and due process and also the constitutional protections against ex post facto legislation and double jeopardy.  Finally, he claims the SVP law, as amended, violates his First Amendment rights.

We conclude that the court committed reversible error in releasing privileged psychotherapeutic records and admitting testimony concerning privileged information. Accordingly, we reverse the commitment order.

Category: Uncategorized

Post navigation

← Congress Has The Sense It Should Enact A Comprehensive Data Security Law
UK: Hailsham hacker ordered to pay back £124,000 →

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

  • Masimo Manufacturing Facilities Hit by Cyberattack
  • Education giant Pearson hit by cyberattack exposing customer data
  • Star Health hacker claims sending bullets, threats to top executives: Reports
  • Nova Scotia Power hit by cyberattack, critical infrastructure targeted, no outages reported
  • Georgia hospital defeats data-tracking lawsuit
  • 60K BTC Wallets Tied to LockBit Ransomware Gang Leaked
  • UK: Legal Aid Agency hit by cyber security incident
  • Public notice for individuals affected by an information security breach in the Social Services, Health Care and Rescue Services Division of Helsinki
  • PowerSchool paid a hacker’s extortion demand, but now school district clients are being extorted anyway (3)
  • Defending Against UNC3944: Cybercrime Hardening Guidance from the Frontlines

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

  • The App Store Freedom Act Compromises User Privacy To Punish Big Tech
  • Florida bill requiring encryption backdoors for social media accounts has failed
  • Apple Siri Eavesdropping Payout Deadline Confirmed—How To Make A Claim
  • Privacy matters to Canadians – Privacy Commissioner of Canada marks Privacy Awareness Week with release of latest survey results
  • Missouri Clinic Must Give State AG Minor Trans Care Information
  • Georgia hospital defeats data-tracking lawsuit
  • No Postal Service Data Sharing to Deport Immigrants

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.