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

  • Rewards for Justice offers $10M reward for info on RedLine developer or RedLine’s use by foreign governments
  • New evidence links long-running hacking group to Indian government
  • Zaporizhzhia Cyber ​​Police Exposes Hacker Who Caused Millions in Losses to Victims by Mining Cryptocurrency
  • Germany fines Vodafone $51 million for privacy, security breaches
  • Google: Hackers target Salesforce accounts in data extortion attacks
  • The US Grid Attack Looming on the Horizon
  • US govt login portal could be one cyberattack away from collapse, say auditors
  • Two Men Sentenced to Prison for Aggravated Identity Theft and Computer Hacking Crimes
  • 100,000 UK taxpayer accounts hit in £47m phishing attack on HMRC
  • CISA Alert: Updated Guidance on Play Ransomware

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

  • How the FBI Sought a Warrant to Search Instagram of Columbia Student Protesters
  • Germany fines Vodafone $51 million for privacy, security breaches
  • Malaysia enacts data sharing rules for public sector
  • U.S. Enacts Take It Down Act
  • 23andMe Bankruptcy Judge Ponders Trump Bill’s Injunction Impact
  • Hell No: The ODNI Wants to Make it Easier for the Government to Buy Your Data Without Warrant
  • US State Dept. says silence or anonymity on social media is suspicious

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.