§ 121100. — 121100. (Added by Stats. 1995, Ch. 415, Sec. 7.)

California § 121100.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 105.: DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL
• Part 4.: PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV)
• Ch. 10.: CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act

Text

(a)
No confidential research record may be compelled to be produced in any state, county, city or other proceeding in order to initiate or substantiate any criminal charge or charges against a research subject, or to conduct an investigation of a research subject, unless a court finds there is reasonable likelihood that the records in question will disclose material information or evidence of substantial value in connection with the criminal charge or charges or investigation, and there is no other practicable way of obtaining the information or evidence.
In addition, no confidential research record shall be disclosed, discoverable, or compelled to be produced in order to initiate or substantiate any criminal charge or charges against a research subject until after a showing of good cause. In assessing good cause, the court shall weigh the public interest and need for disclosure against the injury to the research subject and the harm to the research being undertaken. Upon the granting of an order to produce, the court, in determining the extent to which disclosure of all or any part of a confidential research record is necessary, shall impose appropriate safeguards against unauthorized disclosure, that shall include, but not necessarily be limited to, the individuals or bodies that may have access to the data, the purposes for which the data shall be used, prohibitions on further disclosure and protection of the identities of other research subjects.
(b)
No confidential research record may be compelled to be produced in any state, county, city or other civil proceeding, except as expressly provided in this chapter.

Legislative History

Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.