Chapter 12: Privacy Issues in Civil Litigation and Government Investigations

Question 1

4th Amendment principles have informed a number of statutes such as:

Answer 1

1. Wiretap laws,
2. the Electronic Communications Privacy Act,
3. the Right to Financial Privacy Act (applying to financial institutions), and
4. the Privacy Protection Act (applying to reporters and media companies)”

Question 2

Which US laws require disclosure of personal information held by an organization?

Answer 2

1. Food, Drug and Cosmetic Act (FDA)
2. OSHA
3. HIPAA

Question 3

According to FRCP 45 a subpoena must:

Answer 3

1. State the court from which it is issued
2. State the title of the action and its civil-action number
3. Command each person to whom it is directed to do the following at a specific time and place: attend and testify; produce designated documents, electronically stored information or tangible things in that person’s possession, custody or control; or permit the inspection of premises
4. Set out the text of the rules describing a person’s right to challenge or modify the subpoena.