Been To Court? Why Not Sue For Breach Of Confidentiality?

[GregS]

I asked an attorney back in '09 if the news stations could film MM patients and put them on the news if they had not signed a wave of disclosure/confidentiality. He said that there's nothing you could really do about it. That's when I decided to not go on camera. Once you are on file footage they use it forever.

I did not find that. Whenever I made a statement in the press it was reported and that was the end of it. There was no threat. There is even less interest in drug cases. Most don't make the news at all.

Edited April 15, 2014 by GregS

[t-pain]

if I tell my mom that I'm a registered patient, did I violate the Act?  If not, why not?

 

_any_ disclosure of confidential info would be a violation. dont tell your mom lol!

 

the real question is, it says supplied application information is confidential, since your address is on your application, that info is confidential? i guess only if it relates to or identifies you as a medical marihuana patient/caregiver or physician info?

 

are you trying to say that only the list itself is confidential? so if a cop figured out you were a patient (via you telling him) then him spreading that info wouldnt be confidential? because only the list is confidential ? that wouldnt jive with the punishment paragraph.

[t-pain]

disclose

1. make (secret or new information) known.

 

plain meanings...

[Highlander]

_any_ disclosure of confidential info would be a violation. dont tell your mom lol!

 

the real question is, it says supplied application information is confidential, since your address is on your application, that info is confidential? i guess only if it relates to or identifies you as a medical marihuana patient/caregiver or physician info?

 

are you trying to say that only the list itself is confidential? so if a cop figured out you were a patient (via you telling him) then him spreading that info wouldnt be confidential? because only the list is confidential ? that wouldnt jive with the punishment paragraph.

 

I don't have an answer to this.  If we decide that "any" disclosure of patient info to anyone violates the act, then it would follow that even when a patient creates a relationship with a new CG, that a violation of the Act would occur, because said patient discloses confidential information to a prospective CG.  The Act states "a person" but doesn't provide an "out" for a patient who chooses to willingly disclose info.  

 

I'm all for looking at where the line is drawn....whether it is even legal for a patient to disclosure his/her own confidential information....but it seems that you and Mr. United Shoes (doing my best with the Spanish) might interpret this differently. 

[t-pain]

well lets keep it simple for now. talking about public disclosures, either in public court records or newspapers...

 

because while you can show standing, i think it might be difficult to prove damages based on telling your mom. how did that 'damage' you? etc. but if a court reporter tells a newspaper details... that could damage your job, your life, etc.

Edited April 15, 2014 by t-pain

[Highlander]

well lets keep it simple for now. talking about public disclosures, either in public court records or newspapers...

 

That's problematic.  For example, let's say I'm crusin' I-75 with 3 oz of meds locked in a case in the trunk and I'm uninformed enough to not know my rights.  I get stopped by the MSP for driving 55 mph in a 45 mph construction zone....I pull out a patient card and a CG card to cover those three ounces....Did I commit a serious misdemeanor by dragging another patient's or CG's status into the mix, when Mr. MSP wants some verification that I'm within limits?  Are the records of this traffic stop suddenly sealed?  The details of this traffic stop are subject to disclosure under FOIA.  But we are also told that we commit a crime if we lie to LEO RE MMJ status...so how in H-E-double-hockey-sticks does a CG pull his arse out of hot water without voluntarily offering up patient info...but oh, yeah, offering said info is against the MMMA...so....how does this work?

[Highlander]

well lets keep it simple for now. talking about public disclosures, either in public court records or newspapers...

 

because while you can show standing, i think it might be difficult to prove damages based on telling your mom. how did that 'damage' you? etc. but if a court reporter tells a newspaper details... that could damage your job, your life, etc.

 

Damages are relevant to civil procedures.  Proof of "damages" is not part of the MMMA or any related criminal code, so let's leave damages out of the discussion...OK?

 

If I suffer a breech of confidentiality, there is no hurdle for me to also prove I suffered any damages, right?  Or are you suggesting that a patient would only have a claim against a LEO/PA/judge, if said individual not only violated confidentiality requirements, but that said violation also resulted in damages? 

Edited April 15, 2014 by Highlander

[t-pain]

I asked an attorney back in '09 if the news stations could film MM patients and put them on the news

that was before people v koon.

 

but your question is valid. is providing confidential info protected under free speech constitution law?

 

 

The protection of confidential information, such as that obtained by confidential informants, is protected differently depending on whether the confidential information is pursued under state or federal law. Each system has different requirements for obtaining confidential information, and care should be taken when dealing with the disclosure of such information. Newspapers or reporters that disclose certain confidential information may find themselves facing legal action. In one such instance, a newspaper was found liable under principles of contract law for releasing the name of a confidential informant.

 

Special note on confidentiality: Confidentiality is a privilege held by the journalist. The journalist cannot divulge confidential information without either permission from the source of the information or from an order from a court. If information is published or otherwise disclosed to the public (such as by word of mouth), the information looses its confidential nature and the journalist may be compelled to testify about what was published. However, unpublished information, including that part of a journalist's notes that contains information that was not included in a published story, may be protected.

 

so it really depends state v federal then. state confidentiality laws can be enforced against newspapers in some cases.

[t-pain]

Damages are relevant to civil procedures.  Proof of "damages" is not part of the MMMA or any related criminal code, so let's leave damages out of the discussion...OK?

 

If I suffer a breech of confidentiality, there is no hurdle for me to also prove I suffered any damages, right?  Or are you suggesting that a patient would only have a claim against a LEO/PA/judge, if said individual not only violated confidentiality requirements, but that said violation also resulted in damages? 

 

well i specifically started this thread talking about suing for damages for breach of confidentiality.

since zapato said he has had trouble getting a prosecutor to bring the misdemeanor charge against anyone.

 

 

zapato: did you try a federal prosecutor ? can they charge under state laws?

fed prosecutor bringing charges against a state prosecutor hah!

[t-pain]

That's problematic.  For example, let's say I'm crusin' 

like i said, lets keep the discussion to public disclosures only. public court records and newspapers please.

 

my previous thread on confidentiality i might have wrong about police not being able to talk to their sargeant or talk to the PA about a patient. because that might be confidential in some way i agree with you. we need the dictionary result for confidential.

confidential:

1.intended to be kept secret.

[Highlander]

like i said, lets keep the discussion to public disclosures only. public court records and newspapers please.

 

Speaking specifically on his topic, it is a goddam shame that our peace officers seem to think the are above the/this law.

 

Recently I posted about how some jackass LEO was quoted as saying (in response to local laws to decrim cannabis)  "Since when did the people tell us what laws to enforce?"  This statement is so representative of our current LEO force.  In fact, I think I just threw up in my mouth a little bit....no...a lot.

[bobandtorey]

Btw, I am not the expert on that stuff.  But I did stay at a Holiday Inn express last night. :-D

 

Better people to answer the question I am saying.

 

 

[MiMedical]

It's 2014, you can sue anyone for anything, the outcome may not be in your favor, but you can sue them.

 

If someone had a cold, and sneezed on a subway and you can have 4 witness's confirm it, you may have a case