Medical History Privacy In California Case Law

A person's medical history undoubtedly falls within the recognized zones of privacy. Jones v. Superior Court (1981) 119 Cal. App. 3d 534, 549-550 174 Cal. Rptr. 148; Board of Medical Quality Assurance v. Gherardini (1979) 93 Cal. App. 3d 669, 678 156 Cal. Rptr. 55; Pettus v. Cole (1996) 49 Cal. App. 4th 402, 440-441 57 Cal. Rptr. 2d 46 "it is well settled that the zone of privacy created by the California Constitution extends to the details of a patient's medical and psychiatric history".) In Board of Medical Quality Assurance v. Gherardini (1979), the court held that "a person's medical profile is an area of privacy infinitely more intimate, more personal in quality and nature that many areas already judicially recognized and protected." (93 Cal. App. 3d at p. 678.) Because donor No. 276's identity is necessarily linked with his medical history, he likewise has a privacy interest in the disclosure of his identity.