Health & Safety Code 121022(g) (2006; amended by AB 2541, 2010)
Summary:
Identifying information for HIV cases reported to the local health officer and the State Department of Health Services shall not be disclosed to the federal government except when the confidential information is necessary to the investigation, control, or surveillance of disease.
Parties Bound:
State and local health department California Penalty:
Health & Safety Code 121025(e): (1): Negligent disclosures of confidential public health record are subject to a civil penalty not to exceed $2500 plus any court costs. (2) Willful or malicious disclosures are subject to a civil penalty of not less than $5,000 and not more than $10,000 plus court costs. (c) Persons willfully or maliciously disclosing information in a confidential public health record is guilty of a misdemeanor, punishable by imprisonment in the county jail for not more than one year or a fine of not more than $25,000 or both, plus court costs. (4) Any person violating (1), (2), or (3) shall be liable to person whose information was disclosed for actual damages arising from such disclosure. Other Relevant California Code Sections:
Health & Safety Code 121025(b)(2006): State or local health agencies may disclose personally identifying information in public health records to other local, state, or federal public health agencies or medical researchers, when such confidential information is necessary to carry out the duties of the agency or researcher as determined by the state or local health agency . Associated Federal Law(s):
Uses and disclosures for which an authorization or opportunity to agree or object is not required : for public health activities, official records