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Expert Analysis

Calif. Narrows Scope Of Medical Info Privacy Law

Law360, New York (August 1, 2014, 10:33 AM EDT) -- The California Court of Appeal recently held that in order to recover under California's Confidentiality of Medical Information Act (CMIA), Civ. Code §§ 56 et seq., a plaintiff must plead and prove that the "stolen medical information was actually viewed by an unauthorized person." Sutter Health et al. v. The Superior Court of Sacramento County (Atkins), Case No. C072591 (Cal. Ct. App. July 21, 2014). The court held that mere possession of medical information or records by an unauthorized person was insufficient to establish a breach of confidentiality if the unauthorized person has not viewed the records....

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