California Attorney General Rob Bonta joined 15 attorneys general in filing an amicus brief to limit a U.S. DOJ subpoena seeking medical records of transgender youth from Children's Hospital of Philadelphia, arguing it violates patient privacy and could intimidate providers of gender-affirming care.
The amicus brief urges the court to quash or limit the U.S. DOJ subpoena to protect patient privacy and prevent intimidation of healthcare providers.
In-house legal teams should review all agreements involving the handling of sensitive health data, particularly vendor and data processing agreements with healthcare providers, research institutions, and cloud service providers. Focus on clauses governing data sharing, patient consent (especially for minors), government data requests/subpoenas, and compliance with HIPAA and state medical privacy laws. Contracts may need amendments to explicitly restrict disclosure of sensitive health information related to gender-affirming care without robust judicial oversight, require advance notification to the data subject/covered entity before complying with broad subpoenas, and incorporate stricter data minimization and security protocols for highly sensitive health records. Employee agreements with healthcare providers should also be reviewed for confidentiality provisions regarding patient care decisions.
Entity
U.S. Department of Justice
Also known as: Department of Justice
Industry
HealthcareOfficial Press Release
https://oag.ca.gov/news/press-releases/attorney-general-bonta-subpoenas-targeting-medical-records-transgender-youth-are
CHOP amicus brief
https://oag.ca.gov/system/files/attachments/press-docs/CHOP%20amicus%20brief.pdf
California Attorney General Enforcement Page
https://oag.ca.gov/privacy/privacy-enforcement-actions
"U.S. Department of Justice’s (U.S. DOJ) subpoena"
"subpoenas targeting the medical records of transgender youth"
"sensitive medical records and personally identifying information about adolescent patients and their families"
"Food, Drug, and Cosmetic Act (FDCA)"
"joining a coalition of 15 attorneys general"
"Joining Attorney General Bonta in submitting the amicus brief are the attorneys general of Connecticut, Colorado, Delaware, the District of Columbia, Illinois, Massachusetts, Maryland, Minnesota, Nevada, New Jersey, New York, Oregon, Vermont, and Washington."
California Attorney General Rob Bonta joined a multistate coalition in filing an amicus brief opposing the U.S. Department of Justice's subpoena for patient records from University of Pittsburgh Medical Center related to gender-affirming care. The brief argues that the subpoena violates patient privacy, infringes on states' rights to regulate medicine, and exceeds DOJ's statutory authority.
California Attorney General Rob Bonta joined 20 attorneys general in filing an amicus brief to quash a U.S. DOJ administrative subpoena seeking sensitive medical records and personally identifying information of adolescent patients receiving gender-affirming care at Children's Hospital Colorado. The brief argues the subpoena violates states' rights to regulate medicine under the Tenth Amendment and misinterprets the Food, Drug, and Cosmetic Act, which would harm off-label drug use across all medical fields.
A coalition of 12 state attorneys general, led by Colorado AG Phil Weiser, obtained a temporary restraining order from a federal court in California to halt the proposed $110 billion merger of Warner Bros. Discovery, Inc. by Paramount Skydance Corporation. The lawsuit alleges the merger violates Section 7 of the Clayton Act by substantially lessening competition in film distribution, anticipated blockbuster film distribution, and licensing cable TV channels.
The California Privacy Protection Agency (CalPrivacy) joined a coalition of 18 Attorneys General and state agencies in opposing the proposed SECURE Data Act, a federal privacy bill that would preempt stronger state privacy laws like the CCPA. The coalition argues the bill would weaken consumer privacy protections, limit enforcement remedies, and undermine California's Delete Request and Opt-out Platform (DROP).
$12.8M
California Attorney General Rob Bonta, along with multiple district attorneys and the California Privacy Protection Agency, announced a $12.75 million settlement with General Motors for illegally selling hundreds of thousands of Californians' location and driving data to data brokers Verisk and LexisNexis without notice or consent. The settlement includes the largest CCPA penalty to date, a five-year ban on selling driving data to consumer reporting agencies, and requirements to delete retained data and implement a robust privacy program.
The California Privacy Protection Agency Board voted to support two bills (AB 1542 and SB 1106) and took a 'support if amended' position on a third bill (AB 883). These bills aim to strengthen privacy protections by expanding sensitive data protections, improving deletion rights under the Delete Act, and providing expedited deletion for elected officials and judges.