Can a psychotherapist/patient privilege be waived when a patient voluntarily discloses otherwise confidential information?

California, United States of America


The following excerpt is from San Diego Trolley v. Superior Court of San Diego, 105 Cal.Rptr.2d 476, 87 Cal.App.4th 1083 (Cal. App. 2001):

Of course the psychotherapist-patient privilege may be waived when the patient voluntarily discloses otherwise confidential information or tenders her mental state as an issue. (See Evid. Code, 912, subd. (a), 1016; Roberts v. Superior Court (1973) 9 Cal.3d 330, 340.) However, "[t]he waiver of an important right must be a voluntary and knowing act done with sufficient awareness of the relevant circumstances and likely consequences." (Roberts v. Superior Court, supra, 9 Cal.3d at p. 343, italics added).

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