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Network for Public Health Law
Public Health Information Management, Privacy and Security

County of Los Angeles v. Superior Court of Orange County

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Overview

County of Los Angeles v. Superior Court of Orange County (California Court of Appeal, 4th District, Div. 1, June 15, 2021): Los Angeles County and other local jurisdictions challenged a California superior court order compelling the provision of identifiable opioid prescription data and substance abuse treatment records to a third-party vendor for de-identification on request from the defendant in the action, Johnson & Johnson. Plaintiffs argued the order violated privacy rights guaranteed by California’s Constitution. The California Court of Appeal vacated the superior court’s order, finding a substantial invasion of privacy rights given the potential for a data breach, the chilling effect such disclosure could have on individuals seeking treatment, and the potential for re-identification. The court was particularly concerned about a lack of standards governing the de-identification process. Further, Johnson & Johnson’s justifications for compelling the records did not outweigh the challengers’ privacy interests. Read the full decision here.

View all cases in the Judicial Trends in Public Health – August 16, 2021.

View all cases under “Public Health Information Management, Privacy & Security.”