Q: Is it illegal for a person to tell your mental health issues to other people
A: Yes, in California, it is illegal for a person to tell your mental health issues to other people without your consent. This is because mental health information is considered to be confidential. There are a few exceptions to this rule. For example, a mental health professional may be required to disclose mental health information if they believe that you are a danger to yourself or to others. Additionally, a mental health professional may be required to disclose mental health information if you have been court-ordered to undergo treatment. If you believe that someone has disclosed your mental health information without your consent, you can file a complaint with the California Department of Consumer Affairs. You may also be able to file a lawsuit against the person who disclosed your information.For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.
A:
Under California law, medical professionals, therapists, and certain other entities are bound by confidentiality laws and cannot disclose a patient's mental health information without consent, as governed by the California Confidentiality of Medical Information Act (CMIA) and the Health Insurance Portability and Accountability Act (HIPAA).
However, private individuals, such as friends or family, are not held to the same legal standards regarding confidentiality. If the disclosure of your mental health information by a non-professional leads to defamation, harassment, or other tangible harm, you might have a cause of action.
It's essential to consider the context in which the information was disclosed and any potential damages or harm that resulted. If a breach of confidentiality occurred in a professional setting, there may be legal remedies available. Consulting with an attorney regarding the specifics of your situation can provide a clearer understanding of your rights and potential courses of action.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
