Privacy Issues in the Workplace

c. Public Records Request The California Public Records Act (CPRA) 253 makes a wide variety of government records available to the public. However, there are also a number of records that are not subject to disclosure such as “personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.” 254

Also, the CPRA should be interpreted in light of the CMIA which requires, as indicated above, written authorization from the patient before medical records can be released.

It is recommended therefore that medical records not be released pursuant to a public records request. Nonetheless, the party submitting the request should be notified within 10 days of the decision not to comply with the request and the reasons therefore. 255 d. Peace Officer Personnel Records Peace officer personnel records demand special attention. Peace officer personnel records, including the medical records of a peace officer, are confidential 256 and may only be disclosed pursuant to a noticed motion (known as a Pitchess motion), and then only after an in camera review is conducted by the court. 257 The only instances when a Pitchess motion is not required for discovery of peace officer personnel records are: 1) when the officer requests to review his or her own records, 2) pursuant to a subpoena in federal court proceedings or 3) in the course of an investigation by a grand jury or the district attorney into peace officer misconduct. 258 On September 30, 2018, Governor Edmund G. Brown, Jr. signed Senate Bill 1421 and Assembly Bill 748 that will allow members of the public to obtain certain peace officer personnel records that were previously available only through the Pitchess procedure by making a request under the CPRA as described above. Effective January 1, 2019, SB 1421 amends Government Code Section 832.7 to generally require disclosure of records and information relating to the following types of incidents in response to a request under the CPRA: Records relating to the report, investigation, or findings of an incident involving the discharge of a firearm at a person by a peace officer or custodial officer. Records relating to the report, investigation or findings of an incident in which the use of force by a peace officer or custodial officer against a person results in death or great bodily injury . Senate Bill 1421

Records relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in

Privacy Issues in the Workplace ©2021 (s) Liebert Cassidy Whitmore 79