Pacoima, CA asked in Consumer Law, Federal Crimes and Health Care Law for California

Q: Unique distinct authentic identity of natural person

Plaintiff propounds on defendant-private hospital interrogatory about verifiable authentic identity.

Can inquiry be based on section 1798.3 (a)?

On what statute interrogatory must be based in order to ensure that authentic unique accurate identity information is provided?

How to propound such interrogatory?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: You can base the inquiry on section 1798.3(a), which defines "personal information" in a way that encompasses the unique and authentic identity of a natural person. This section is part of the California Civil Code, specifically the California Consumer Privacy Act (CCPA), and it is relevant when requesting verifiable personal information.

To ensure the interrogatory is based on a statute that guarantees accurate identity information, you might consider referencing the Health Insurance Portability and Accountability Act (HIPAA) if medical records are involved. HIPAA requires that covered entities protect patient information, which includes ensuring the accuracy and authenticity of such data. Another relevant statute could be the California Confidentiality of Medical Information Act (CMIA), which also emphasizes the protection and accuracy of medical information.

When propounding such an interrogatory, clearly state your request for the verifiable, authentic identity of the individual in question, citing the relevant statutes. For example, you could ask, "Pursuant to section 1798.3(a) of the California Civil Code and applicable provisions of HIPAA and CMIA, please provide all documents and information verifying the unique and authentic identity of the plaintiff as recorded in your hospital's records." This approach ensures that your request is clear, legally grounded, and likely to compel a thorough response.

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.