Section 121100 Of Chapter 10. Acquired Immune Deficiency Syndrome (aids) Research Confidentiality Act From California Health And Safety Code >> Division 105. >> Part 4. >> Chapter 10.
121100
. (a) No confidential research record may be compelled to be
produced in any state, county, city or other proceeding in order to
initiate or substantiate any criminal charge or charges against a
research subject, or to conduct an investigation of a research
subject, unless a court finds there is reasonable likelihood that the
records in question will disclose material information or evidence
of substantial value in connection with the criminal charge or
charges or investigation, and there is no other practicable way of
obtaining the information or evidence.
In addition, no confidential research record shall be disclosed,
discoverable, or compelled to be produced in order to initiate or
substantiate any criminal charge or charges against a research
subject until after a showing of good cause. In assessing good cause,
the court shall weigh the public interest and need for disclosure
against the injury to the research subject and the harm to the
research being undertaken. Upon the granting of an order to produce,
the court, in determining the extent to which disclosure of all or
any part of a confidential research record is necessary, shall impose
appropriate safeguards against unauthorized disclosure, that shall
include, but not necessarily be limited to, the individuals or bodies
that may have access to the data, the purposes for which the data
shall be used, prohibitions on further disclosure and protection of
the identities of other research subjects.
(b) No confidential research record may be compelled to be
produced in any state, county, city or other civil proceeding, except
as expressly provided in this chapter.