Except as provided in this section, the right to claim lawyer-client privilege, privilege of confidential marital communications, physician-patient privilege, psychotherapist-patient privilege, privilege of penitent, privilege of clergymen, sexual assault counselor-victim privilege, or domestic violence counselor-victim privilege is waived if any holder of privilege has disclosed a significant portion of the communication or has consented to disclosure. The waiver of privilege by one party to the communication does not affect the other party's right to claim privilege.
Communications made in the course of the lawyer-client, physician-patient, psychotherapist-patient, clergy-penitent, husband-wife, sexual assault counselor-victim, or domestic violence counselor-victim relationship are presumed to have been in confidence when privilege is claimed. Electronic communications in such relationships do not lose their privilege solely because of the electronic nature of the communication.
The section defines confidential communications between client and lawyer. (Within the scope of attorney-client privilege are physician reports created at the instigation of a client's lawyer. 58 Cal.2d 56.)
Client, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communications between client and lawyer if the privilege is claimed by holder of privilege, person authorized by holder, attorney.
Exemptions from Public Records Act disclosure include confidentiality regarding donor not being natural father in records on artificial insemination, attorney-client confidential communications.
Under the Independent Medical Review System in the Department of Insurance, all insured grievances involving a disputed health care service are eligible for review if certain requirements are met. Application forms for independent medical review will include a statement indicating the insured's consent to obtain any necessary medical records from the insurer and any of its providers.
No search warrant may be issued for documentary evidence possessed by a lawyer, physician, psychotherapist, or clergy member who is not suspected of criminal activity unless the special master procedure is followed.
