Your Right to Privacy in Lawsuits

 Privacy rights can be implicated in different ways in a lawsuit.  There is the right to privacy of the person suing (the plaintiff), the right to privacy of the person being sued (the defendant), and the right to privacy of third parties (anyone else that might testify or be required to produce documentation in the lawsuit or at trial).
Most people do not realize that there is a constitutional right to privacy here in California.  In case you are wondering, the right to privacy is contained in the California Constitution at Article. I, § 1.  Thus, even if the information sought is relevant and non-privileged (which would generally require a party to disclose the information or provide the documentation), if disclosure of the information would impair a person’s “inalienable right of privacy,” that person may be able to avoid having to turn the information over.
Although fundamental, the constitutional right of privacy is not absolute and may give way to the extent necessary to accommodate a compelling public interest such as the state’s obligation to facilitate the ascertainment of truth in judicial proceedings.  In each case, the court must carefully balance the right of privacy against the need for disclosure.  The Court will consider the purpose of the information sought, the effect that disclosure will have on the affected persons and parties, the nature of the objections urged by the party resisting disclosure and the availability of alternative, less intrusive means for obtaining the requested information.  The more sensitive the information, the more substantial the showing of the need will have to be in order for the information to be ordered to be disclosed.
It is settled law that a third person’s right of privacy may be asserted by any party to the action.  If the privacy rights of a third person are implicated, the Court may require that the person whose privacy is involved be given opportunity to object to disclosure.
There, however, remains an open question about whether a corporation, partnership or other business entity can claim a right of privacy to limit disclosure in civil litigation.  One view argues that the California Constitution extends the right of privacy to “people” and that while business entities may be “persons” within the meaning of the Constitution, they are not “people.”  The contrary position is that the purpose of the right of privacy is to prevent excessive intrusion into matters normally regarded as confidential, and that this applies to business entities as well as individuals.
For all your family law and business litigation needs, contact the Law Offices of Richard A. Marcus 661-257-8877.