Los Angeles, CA asked in Health Care Law and Medical Malpractice for California

Q: What statute is applicable if unauthorized disclosure of information included, not limited to violation of 1798.82.

What statute is applicable if unauthorized disclosure of information included, but was not limited to violation of Section 1798.82.

If unauthorized disclosure of Plaintiff's records included but was not limited to section 1798.82 violation (security of computerized systems), what Cal. Civ. Code statutes are applicable for non-disclosure?

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James L. Arrasmith
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A: If an unauthorized disclosure of a plaintiff's records by a hospital included, but was not limited to, a violation of California Civil Code Section 1798.82 (which deals with the security of computerized data systems), there are several other California Civil Code statutes that may be applicable, depending on the specific circumstances of the case. Some potentially relevant statutes include:

1. California Civil Code Section 56.10 (Confidentiality of Medical Information Act): This statute prohibits healthcare providers from disclosing medical information without the patient's authorization, subject to certain exceptions.

2. California Civil Code Section 1798.81.5 (Reasonable Security Practices): This statute requires businesses that own, license, or maintain personal information about California residents to implement and maintain reasonable security procedures and practices to protect the information from unauthorized access, destruction, use, modification, or disclosure.

3. California Civil Code Section 1798.150 (California Consumer Privacy Act): This statute, part of the CCPA, allows consumers to bring a civil action against a business if their nonencrypted and nonredacted personal information is subject to unauthorized access and exfiltration, theft, or disclosure as a result of the business's failure to implement and maintain reasonable security procedures and practices.

4. California Civil Code Section 56.36 (Remedies for Violations of the Confidentiality of Medical Information Act): This statute provides for remedies, including compensatory damages, punitive damages (in cases of willful violation), and attorneys' fees, for violations of the Confidentiality of Medical Information Act.

It's important to note that the specific statutes applicable in a given case will depend on the details of the unauthorized disclosure and the type of information disclosed. Consulting with a qualified attorney who can review the facts of the case and provide guidance on the most relevant statutes and potential causes of action is recommended.

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