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2018 Op. Tenn. Att'y Gen. 1 (2018)

handle is hein.sag/sagtn0179 and id is 1 raw text is: STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL January 4, 2018 Opinion No. 18-01 Potential Liability for Disclosures Pursuant to Court Order Ouestion Is a court order that requires a district attorney to provide copies of all information in his or her possession to defense counsel sufficient to protect the district attorney from liability if the information disseminated as a result of the order contains data that is otherwise legally protected from disclosure? Opinion Generally, yes. ANALYSIS Numerous provisions of the Tennessee Code protect particular information from disclosure. See, e.g., Tenn. Code Ann. § 10-7-504 (certain public records); id. § 47-18-2110 (social security numbers); id. § 47-18-2204 (consumer information); id. § 49-1-708 (student information collected by educational operators); id. § 67-1-1702 (tax information); id. § 68-11- 1501, et seq. (medical and health information). Federal law also provides for the confidentiality of particular information. See, e.g., 20 U.S.C. § 1232g (student information); 26 U.S.C. § 6103 (tax information); 42 U.S.C. § 1320d-2, 45 C.F.R. pt. 164 (health and medical information); 42 U.S.C. § 290dd-2 (substance abuse treatment records). And the common law tort of invasion of privacy protects individuals against unwarranted invasions of privacy, including the distribution or disclosure of private information. See Restatement (Second) of Torts §§ 652A, 652D; Brown v. CVS Pharmacy, 982 F. Supp. 2d 793, 806 (M.D. Tenn. 2013). In general, however, these privacy protections contain express exemptions for disclosures ordered by a court or pursuant to a subpoena. For example, the Tennessee Patient's Privacy and Protection Act prohibits the disclosure of identifying information about a patient, but clarifies that it shall not be unlawful to disclose, nor shall there be any liability for disclosing, medical information in response to a subpoena, court order, or request authorized by state or federal law. Tenn. Code. Ann. § 68-11-1503(d). Similarly, Tenn. Code Ann. § 47-18-2110 establishes criminal and civil liability for failure to protect the privacy of an individual's social security number, but it exempts from such liability any disclosure pursuant to a lawful legal obligation. Id. § 47-18- 21 10(b)(1). And the Tennessee Public Records Act includes numerous provisions that permit the disclosure of otherwise confidential information when required by law, including disclosures by a district attorney to a defense counsel when required to protect the defendant's constitutional rights. See, e.g., Tenn. Code Ann. § 10-7-504(a)(2)(A), (a)(4)(A), (a)(8), (a)(15)(H), (a)(16)(H), (f)(8)(C)(ii), (m)(1)(E), (q)(3), (u)(2). Other privacy laws have similar provisions permitting

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