FSC Applauds Court’s Decision on Performer Privacy

AVN writes:

Alameda Superior Court Judge Winifred Smith this week issued a decision blocking Cal/OSHA’s subpoena for information in the 2009 case of “Patient Zero.” The state regulatory agency had subpoenaed now-defunct Adult Industry Medical Healthcare (AIM) for employment and medical information of Patient Zero, an adult performer, as well as all other adult performers who had received testing or treatment at AIM.

Judge Smith pointed out in her decision that Cal/OSHA’s request for information violated privacy rights of adult performers under the U.S. and California constitutions.

The judge issued a permanent injunction prohibiting Cal/OSHA from subpoenaing the confidential health records, medical information and personal identifying information of Patient Zero.

CalOSHA had argued that because adult performers tested at AIM had signed waivers allowing adult producers to view their test results that they had given up expectation of privacy.

However, the judge found that Patient Zero, as well as other performers, had reasonable expectation of privacy, and that Cal/OSHA had not “demonstrated by evidence or argument, a compelling need for the information sought in the subpoena.”