In most cases, the University is obligated to comply with a subpoena duces tecum or deposition subpoena served upon it. However, in certain circumstances a particular document may be subject to a privilege which does not permit the University to disclose without first obtaining permission of the holder of the privilege, or if that privilege has somehow been waived. The most common privileges to arise in a University setting are the physician-patient privilege, the psychotherapist-patient privilege, and the attorney-client privilege. Failure to assert a privilege not to disclose confidential information could subject the University to liability for invasion of privacy or breach of a confidential relationship. OLA should be consulted about what privilege might apply, and/or whether a privilege applies.
