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Old 08-21-2015, 11:11 PM  
baddog
So Fucking Banned
 
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Join Date: Apr 2001
Location: the beach, SoCal
Posts: 107,090
Quote:
Originally Posted by marcop View Post
I have little legal knowledge, so these are probably stupid questions:

1) How can the AHF just ask for this information? Don't they need standing or to show harm or something? Otherwise, what's to stop anyone just filing a subpoena asking for this kind of thing? And unless they're actually involved in a lawsuit (which they may be, though that's not mentioned), can they really just ask to be allowed to start a fishing expedition with an organization that they've been in an adversarial relationship for a number of years? And why do they need the information as hasn't any instances of STD infection already been notified to the County Board of Health?

2) Although the information requested has been shared among the groups mentioned above, that doesn't mean it's not private. Doesn't the document the talent fills in when getting tested delineate the various parties the information might be released to? And surely it's not intended to be released to all and anyone.

3) Who pays for the collection of the information demanded? Presumably, someone will spend X hours being paid Y dollars/hour to do the work to amass the data and redact personal details. Who pays that? The people being subpoenaed or the people submitting the subpoena? It seems more than a little unfair to subpoena some random organization, demand they supply private and sensitive information, and then make them bear the cost of the collection of that information.
They can ask for whatever they want; it does not mean they will get it.

As far as who would pay, the requesting party would be responsible for the cost.
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