Overview
California's constitutional privacy right, the two-party consent recording rule, medical privacy under the CMIA, social media discovery battles, and the independent privacy claims that add statutory damages and attorney fees to injury cases.
This guide is written for injured people, their families, and the lawyers who help them. It is not legal advice for any specific case. Call us, or any California lawyer you trust, before you make decisions that affect your claim.
Constitutional Privacy
Understanding constitutional privacy is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in privacy law cases.
CCPA/CPRA
Understanding ccpa/cpra is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in privacy law cases.
Common Law Privacy Torts
Understanding common law privacy torts is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in privacy law cases.
Revenge Porn
Understanding revenge porn is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in privacy law cases.
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Recording Laws
Understanding recording laws is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in privacy law cases.
Privacy and Technology
Understanding privacy and technology is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in privacy law cases.
Social Media Privacy
Understanding social media privacy is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in privacy law cases.
HIPAA and CMIA
Understanding hipaa and cmia is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in privacy law cases.
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Cross-References
- Consumer Protection — related privacy law resource
- Sexual Assault Civil Cases — related privacy law resource
- Statute of Limitations — related privacy law resource
- Non-Economic Damages — related privacy law resource
- Civil Rights Litigation — related privacy law resource
- Class Actions — related privacy law resource
Common Questions
Does California's privacy right apply to private companies?
Yes. Unlike the federal Constitution, California's constitutional right to privacy (Art. I, sec. 1) applies to private parties including employers, insurance companies, and healthcare providers. This makes California's privacy protections uniquely powerful.
Can an insurance company secretly record me?
No. California is a two-party consent state under Penal Code 632. Recording a confidential communication without all parties' consent is a crime and creates a civil cause of action with statutory damages of $5,000 per violation or three times actual damages, whichever is greater.
What should I do about social media during my case?
Never delete content — that is spoliation. Tighten privacy settings, stop posting about the accident or injuries, and be mindful that even seemingly innocent posts can be taken out of context. Your attorney should oppose overbroad discovery requests for your entire social media history.
Can I sue if my medical records were disclosed without permission?
Yes. The Confidentiality of Medical Information Act (CC 56) provides a private right of action for unauthorized disclosure with statutory damages up to $3,000 per violation, plus compensatory and exemplary damages and attorney fees. Use the CMIA, not HIPAA, which has no private right of action.
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Local Resources
- CA Privacy Protection AgencyCCPA/CPRA enforcement and consumer privacy resources.
- LA Superior Court · Stanley MoskCivil filings for LA County cases.
- CA Attorney General — PrivacyCalifornia Attorney General privacy enforcement.
- CA State Bar LookupVerify any attorney's license before hiring.
- HHS Office for Civil RightsFederal HIPAA enforcement and complaint filing.
- California Constitution, Art. I, § 1. Express constitutional right to privacy — applies to private parties.
- Penal Code § 632. Two-party consent for recording confidential communications.
- Civil Code § 56 et seq. (CMIA). Confidentiality of Medical Information Act — private right of action.
- Civil Code § 1798.100 et seq. (CCPA). California Consumer Privacy Act — data breach private right of action.
- Civil Code § 1708.85. Nonconsensual distribution of intimate images — minimum $1,500 per image.
- Hill v. National Collegiate Athletic Assn. (1994) 7 Cal.4th 1. Framework for constitutional privacy claims: interest, expectation, serious invasion.