When privacy rights are implicated, discovery should be narrowly tailored to provide access to discoverable information while safeguarding privacy rights.

In Walker, the Fifth District Court of Appeal decided a petition seeking certiorari relief from a trial court's discovery order, compelling production of an employee's personnel file without an in camera review to determine the relevancy of the documents. The basis of the litigation was an automobile accident where an employee of the defendant allegedly caused injuries to the plaintiff while driving the employer's vehicle. The plaintiff requested production of the personnel file, arguing it was relevant because of possible claims of negligent hiring and negligent training, and because there may be contact information to aid the plaintiff in locating the driver. After hearing these arguments, the trial court compelled production of the personnel file. However, the Fifth District Court of Appeal found this production was inappropriate without an in camera review. The sensitive nature of the records were such that the court held, "When privacy rights are implicated, discovery should be narrowly tailored to provide access to discoverable information while safeguarding privacy rights."

Case Law Alert, 3rd Quarter 2013