What is the test for assessing the government's countervailing interests against the individual's privacy rights?

California, United States of America


The following excerpt is from Fett v. Med. Bd. of Cal., 199 Cal.Rptr.3d 196, 245 Cal.App.4th 211 (Cal. App. 2016):

Citing Hill v. National Collegiate Athletic Assn. (1994) 7 Cal.4th 1, 37, 26 Cal.Rptr.2d 834, 865 P.2d 633, appellant states that when an individual's privacy rights are at issue, the court is required to weigh the government's countervailing interests against these important individual rights. Appellant argues that the trial court failed to engage in the required balancing of the interests that are at issue. We disagree. While the trial court may not

[245 Cal.App.4th 225]

Other Questions


Is an invasion of privacy a violation of the state constitutional right to privacy if the invasion is justified by a competing interest? (California, United States of America)
Does the privity rule apply to bind those who succeed to an interest in property where rights in the interest have been litigated to judgment by a predecessor in interest? (California, United States of America)
How have courts considered the importance of privacy rights in the context of First Amendment and First Privacy Rights? (California, United States of America)
Can a class action be maintained if each individual's right to recovery depends on facts peculiar to that individual? (California, United States of America)
In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)
Is the condition that requires an individual to be searched by a police community support officer while he is in rehabilitation a violation of his electronic privacy right? (California, United States of America)
What is the impact of the dissent in the California Superior Court on the individual right of privacy? (California, United States of America)
What is the current state of the law on privacy in the context of privacy rights? (California, United States of America)
What is the test for determining whether a plaintiff has a right to privacy and First Amendment rights? (California, United States of America)
Is a person entitled to the same right as an individual who owns the same property in a separate assessment? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.