Legal Definitions - privacy privilege

The privacy privilege is a legal protection that allows an individual to prevent the disclosure of certain personal information in a legal proceeding, even if that information might otherwise be considered relevant. It recognizes an individual's right to keep certain aspects of their life private, balancing that right against the need for evidence in court. This privilege is not absolute and can sometimes be overridden if the information is deemed critically necessary for a fair trial or if the individual has waived their right to privacy regarding that specific information.

• Example 1: Medical History in a Slip-and-Fall Case

  Imagine a person sues a grocery store after slipping and falling, claiming a back injury. The store's lawyers might request access to all of the plaintiff's medical records from their entire life, hoping to find a pre-existing condition. The plaintiff could assert a privacy privilege to protect medical records unrelated to the back injury sustained in the fall. For instance, past records concerning a skin rash or a broken arm from childhood would likely be protected, as they have no bearing on the current back injury claim. The court would typically limit discovery to only those medical records directly relevant to the alleged injury.

• Example 2: Personal Journal Entries in a Contract Dispute

  Consider a business dispute where two partners are arguing over the terms of a verbal agreement. One partner might try to compel the other to produce their personal journal, speculating that it might contain entries about their state of mind or intentions regarding the business. The partner whose journal is being sought could invoke the privacy privilege to protect their private thoughts and reflections, arguing that these deeply personal writings are not relevant to the objective facts of the contract dispute and that compelling their disclosure would be an undue invasion of privacy.

• Example 3: Financial Details in a Child Custody Battle

  In a child custody case, the primary focus is on the best interests of the child, often involving parental fitness and living arrangements. While financial stability can be a factor, one parent might attempt to demand a complete, detailed breakdown of the other parent's entire investment portfolio, including highly speculative or private investments, far beyond what is necessary to establish income or ability to provide for the child. The other parent could assert a privacy privilege to protect these overly detailed and irrelevant financial specifics, arguing that only general income and asset information pertinent to child support or living standards should be disclosed, not every minute detail of their personal wealth management.