Responding to a Subpoena or Court Order Involving Your Records
What to do if your personal information is being compelled through a subpoena, production order, or litigation discovery.
TL;DR
Subpoenas and court orders can compel disclosure of personal information, and ignoring one can amount to contempt. Objections on privacy grounds, redactions, and protective orders are the usual ways the scope is narrowed, and this is work that a lawyer does. Privacy laws generally permit disclosure required by law.
What the document contains
A subpoena or order identifies the issuing court, the parties, the specific records sought, and the deadline.
Civil, criminal, and family matters each have different procedures, which is why these documents are normally reviewed by a lawyer.
Non-compliance can result in contempt of court, so the deadline on the document is the operative one.
Privacy objections
Courts have discretion to narrow or quash overbroad requests for personal information.
A protective order can limit use of the records to the proceeding.
Solicitor-client privilege and litigation privilege may apply.
Health records, financial records, and third-party personal information often require special procedures (e.g., O'Connor applications in criminal cases involving third-party records).
For organizations
Organizations that receive subpoenas for customer records commonly notify affected individuals where the order and privacy law permit, so that the individual can object or seek a protective order.