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.
In-house legal teams should review all agreements involving the handling of sensitive health data, particularly vendor and data processing agreements with healthcare providers, hospitals, and medical service organizations. Specific clauses to scrutinize include those governing data disclosure and sharing, responses to government subpoenas or legal requests, patient consent requirements (especially for minors), confidentiality obligations, and compliance with both federal (e.g., HIPAA) and state-specific privacy laws. Given the focus on gender-affirming care for adolescents, contracts should be assessed for provisions that may allow broad disclosure without explicit, informed consent or adequate safeguards for sensitive health information. Teams may need to negotiate stricter consent mechanisms, require prior notice before complying with subpoenas, implement data minimization and anonymization protocols, and ensure alignment with state laws that may offer greater privacy protections than federal baseline requirements.
Entity
U.S. Department of Justice
Industry
OtherOfficial Press Release
https://oag.ca.gov/news/press-releases/attorney-general-bonta-opposes-further-attempts-us-doj-subpoena-hospital-records
55 1 Shapiro et al Amicus Brief (WDPA 25 1069)
https://oag.ca.gov/system/files/attachments/press-docs/55-1%20-%20Shapiro%20et%20al%20Amicus%20Brief%20%28WDPA%2025-1069%29.pdf
California Attorney General Enforcement Page
https://oag.ca.gov/privacy/privacy-enforcement-actions
"U.S. Department of Justice (U.S. DOJ)"
"federal Food, Drug, and Cosmetic Act (FDCA)"
"Tenth Amendment of the Constitution"
"the subpoena violates patients’ privacy"
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.
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.
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.