UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

AGREED PRIVACY ACT AND HIPAA PROTECTIVE ORDER

In this Federal Tort Claims Act action, defendant United States of America wishes to 

disclose certain documents and information that may be encompassed by the Privacy Act of 1974, 

5 U.S.C. § 552a, or the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 

104-191, 110 Stat. 1936 (“HIPAA”). In particular, the United States wishes to produce documents 

and information pertaining to plaintiff Elizabeth Gonzalez’s administrative tort claim and medical 

records in the possession of the U.S. EEOC, all of which may contain personal and/or healthcare 

information pertaining to Elizabeth Gonzalez, employees of the U.S. EEOC, and/or other 

individuals who were involved in the incidents giving rise to this lawsuit. In order to permit the 

disclosure and discovery of information relevant to the subject matters of this case in a manner 

that is consistent with the Privacy Act and HIPAA, and that does not provide undue public access, 

pursuant to 5 U.S.C. § 552a(a)(11), 45 C.F.R. § 164.512(e), and Rule 26(c) of the Federal Rules 

of Civil Procedure it is hereby 

ORDERED as follows:

1. Documents and information produced by the United States pertaining to the 

Gonzalez’s administrative tort claim and Gonzalez’s medical records in the possession of the 

ELIZABETH GONZALEZ,

Plaintiff,

v.

JANET DHILLON, Chair of the U.S. Equal 

Employment Opportunity Commission,

Defendant.

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No. 20 C 2111

Judge Kennelly

Case: 1:20-cv-02111 Document #: 39 Filed: 03/16/21 Page 1 of 3 PageID #:410
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United States are hereby designated as confidential information.

2. All confidential information shall be used solely for purposes of this litigation and 

shall be disclosed only to persons who need access to the confidential information in order for 

counsel to effectively prosecute or defend this litigation. This order does not prohibit disclosure 

of confidential information in court filings or at hearings in this case, or to any of the following 

persons, provided that the disclosure is reasonably necessary for counsel to effectively prosecute 

or defend this litigation:

a. the parties;

b. the parties= counsel and support staff in their employ;

c. experts, consultants, and investigators retained by the parties;

d. deponents and other persons properly present at a deposition;

e. potential witnesses that counsel determines in good faith need access to the 

confidential information in order for counsel to effectively prosecute or 

defend the litigation; and

f. any other persons mutually agreed upon in writing by counsel for the 

parties.

3. All persons permitted access to confidential information by this order shall be 

bound by this order, including but not limited to experts, consultants, investigators, or other nonparties retained to assist in this litigation.

4. This order is without prejudice to the rights of any party or any interested member 

of the public to make any objection to the designation of information as confidential information. 

If such an objection cannot be resolved without court intervention, the objecting party or interested 

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member of the public may bring the matter before the court, treating the information as confidential 

until a court determination is made.

5. This order is without prejudice to the rights of any party to make any objection to 

the discovery of information permitted by the Federal Rules of Civil Procedure or any statute or 

other authority.

6. This order shall remain in full force and effect after the final disposition of this 

litigation, or until canceled, vacated, or otherwise modified by order of this court.

7. Within 45 days after the conclusion of the litigation, including appeals, the parties, 

their attorneys, and any person or entity in possession of protected health information received 

from counsel pursuant to paragraph four of this Order, shall return Plaintiffs’ protected health 

information to the covered entity or destroy any and all copies of protected health information 

pertaining to Plaintiffs, except that counsel are not required to secure the return or destruction of 

protected health information submitted to the court. The United States’ retention and use 

requirements are set by applicable federal law, such as Privacy Act of 1974, 5 U.S.C. § 552a.

E N T E R:

 United States District Judge

Dated: March 16, 2021

Case: 1:20-cv-02111 Document #: 39 Filed: 03/16/21 Page 3 of 3 PageID #:412