If my husband has gotten copies of all my text messages, phone records and medical recordswithout my consent, are they admissible?
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If my husband has gotten copies of all my text messages, phone records and medical recordswithout my consent, are they admissible?
Asked on February 25, 2012 under Family Law, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It depends on how your husband obtained these records without your consent and how they would be used, meaning whether they would be used as evidence themselves or used to impeach you. If used to impeach you (your character or impeach your testimony), then you should know the material may be used. If used as evidence themselves, the issue becomes whether it was legally obtained. If your husband was on the same account as you for those phone plans, then your husband could legally obtain text messages without your permission but the content is usually not something a phone company would keep. This means that either you have an account or program that allows you to download or save such text messages, which would be more likely than not that he has legal access to it. The only way it would be completely illegal is you have separate plans, his name is not on your account and/or he took your phone and copied the messages. As to the phone records, it would be the same issue unless he was able to successfully subpoena those records. As for your medical records, if you signed any HIPAA directive or similar document allowing your husband to have your medical records, then he was legally able to obtain them. If that is not the case and he specifically got them from the doctor's office without such a waiver, then the doctor's office would be liable to you for HIPAA violations.
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