The Importance of Protecting the Confidentiality of Information Found in Discovery
By Evangelina M.
Discovery is the formal fact-gathering process in civil litigation and criminal cases. Discovery of materials pertinent to a case can include information like a defendant’s factual basis for claims, the identity and location of witnesses, as well as formal documents and records pertaining to the defendant’s claims.1 Discovery is designed to facilitate the finding of information relevant to both the defendant’s and the plaintiff’s case. Learning about discovery has prompted me to ask the following question: Under what context does a party need to uphold the confidentiality of information found during discovery (e.g., a witness’s identity or address)?
To help contextualize this question I will provide information about a sanction recently issued as a result of not protecting the confidentiality of discovery materials. Danny Masterson, most famously known for playing Hyde in That 70’s Show, was recently sentenced to 30 years to life in prison for the rape of two women between 2001 and 2003.2 Relevant to our discussion, two of Masterson’s former attorneys, Thomas Mesereau and Sharon Applebaum, were sanctioned (fined $950.00) for providing materials obtained during the discovery process to the Church of Scientology.3 This discovery material consisted of over 500 pages of sensitive information including police reports and the addresses of the women Masterson was convicted of raping.4 During the trial, Judge Charlaine Olmedo was especially vigilant in informing the defense not to provide any discovery material to any of the parties in a parallel civil case concerning Masterson’s victims accusing the Church of Scientology of harassment.5 According to prosecutors, several of the women said it took them years to come forward because the Church of Scientology discouraged them from reporting the rape to the police.6
Olmedo ruled that Masterson’s former attorneys violated a court order and Marsy’s Law protections when they provided discovery material to the Church of Scientology.7 Marsy’s Law protects victims against the sharing of their personal information.8 With the information outlined above, I ask you the following question: What information found during discovery do you think should have an inherent right to confidentiality outside of the courtroom?
