2009 California Health and Safety Code - Section 121025-121035 :: Chapter 8. Acquired Immune Deficiency Syndrome (aids) Public Health Records Confidentiality Act

121025.  (a) Public health records relating to human
immunodeficiency virus (HIV) or acquired immunodeficiency syndrome
(AIDS), containing personally identifying information, that were
developed or acquired by state or local public health agencies, or an
agent of such an agency, shall be confidential and shall not be
disclosed, except as otherwise provided by law for public health
purposes or pursuant to a written authorization by the person who is
the subject of the record or by his or her guardian or conservator.
   (b) In accordance with subdivision (f) of Section 121022, state or
local public health agencies, or an agent of such an agency, may
disclose personally identifying information in public health records,
as described in subdivision (a), to other local, state, or federal
public health agencies or to corroborating medical researchers, when
the confidential information is necessary to carry out the duties of
the agency or researcher in the investigation, control, or
surveillance of disease, as determined by the state or local public
health agency.
   (c) Any disclosure authorized by subdivision (a) or (b) shall
include only the information necessary for the purpose of that
disclosure and shall be made only upon agreement that the information
will be kept confidential and will not be further disclosed without
written authorization, as described in subdivision (a).
   (d) No confidential public health record, as defined in
subdivision (c) of Section 121035, shall be disclosed, discoverable,
or compelled to be produced in any civil, criminal, administrative,
or other proceeding.
   (e) (1) Any person who negligently discloses the content of any
confidential public health record, as defined in subdivision (c) of
Section 121035, to any third party, except pursuant to a written
authorization, as described in subdivision (a), or as otherwise
authorized by law, shall be subject to a civil penalty in an amount
not to exceed two thousand five hundred dollars ($2,500), plus court
costs, as determined by the court, which penalty and costs shall be
paid to the person whose record was disclosed.
   (2) Any person who willfully or maliciously discloses the content
of any confidential public health record, as defined in subdivision
(c) of Section 121035, to any third party, except pursuant to a
written authorization, or as otherwise authorized by law, shall be
subject to a civil penalty in an amount not less than five thousand
dollars ($5,000) and not more than ten thousand dollars ($10,000),
plus court costs, as determined by the court, which penalty and costs
shall be paid to the person whose confidential public health record
was disclosed.
   (3) Any person who willfully, maliciously, or negligently
discloses the content of any confidential public health record, as
defined in subdivision (c) of Section 121035, to any third party,
except pursuant to a written authorization, or as otherwise
authorized by law, that results in economic, bodily, or psychological
harm to the person whose confidential public health record was
disclosed, is guilty of a misdemeanor, punishable by imprisonment in
the county jail for a period not to exceed one year, or a fine of not
to exceed twenty-five thousand dollars ($25,000), or both, plus
court costs, as determined by the court, which penalty and costs
shall be paid to the person whose confidential public health record
was disclosed.
   (4) Any person who commits any act described in paragraph (1),
(2), or (3), shall be liable to the person whose confidential public
health record was disclosed for all actual damages for economic,
bodily, or psychological harm that is a proximate result of the act.
   (5) Each violation of this section is a separate and actionable
offense.
   (6) Nothing in this section limits or expands the right of an
injured person whose confidential public health record was disclosed
to recover damages under any other applicable law.
   (f) In the event that a confidential public health record, as
defined in subdivision (c) of Section 121035, is disclosed, the
information shall not be used to determine employability, or
insurability of any person.

121030.  (a) To the extent Chapter 7 (commencing with Section
120975) and Chapter 10 (commencing with Section 121075) apply to
records or information that would be covered by this chapter,
Chapters 7 and 10 shall supersede this chapter.
   (b) This chapter supersedes Section 100330 to the extent it
applies to records or information covered by Section 100325 or
100330.

121035.  For purposes of this chapter:
   (a) "Disclosed" or "disclosure" or "discloses" has the same
meaning as set forth in subdivision (b) of Section 121125.
   (b) "State or local public health agencies" are the department,
and any local entity that a health officer, as defined in Section
120100, serves.
   (c) "Confidential public health record or records" means any paper
or electronic record maintained by the department or a local health
department or agency, or its agent, that includes data or information
in a manner that identifies personal information, including, but not
limited to, name, social security number, address, employer, or
other information that may directly or indirectly lead to the
identification of the individual who is the subject of the record.