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Home > Hawaii v. Wong-Fernandez

Hawaii v. Wong-Fernandez [1]

Submitted by DMLP Staff on Tue, 07/07/2009 - 17:51

Summary

Threat Type: 

Criminal Charge

Date: 

11/12/2008

Status: 

Concluded

Disposition: 

Convicted

Location: 

Hawaii

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Computer Trespass
The state of Hawaii indicted Rhonda Wong-Fernandez, a former clerical assistant, on the charge of unauthorized computer access in the first degree after she allegedly accessed a female patient's medical records and posted on a MySpace page that the patient had HIV.  The... read full description
Parties

Party Receiving Legal Threat: 

Rhonda Wong-Fernandez

Type of Party: 

Government

Type of Party: 

Individual

Location of Party: 

  • Hawaii

Location of Party: 

  • Hawaii

Legal Counsel: 

Michael Green; Christopher Thomas Van Marter

Legal Counsel: 

Alan John Tatsuo Komogome
Description

The state of Hawaii indicted Rhonda Wong-Fernandez, a former clerical assistant, on the charge of unauthorized computer access in the first degree after she allegedly accessed a female patient's medical records and posted on a MySpace page that the patient had HIV. 

The government alleged that Wong-Fernandez illegally accessed the medical records of a patient with whom her sister was feuding. Wong-Fernandez allegedly [2] wrote on a MySpace page "no wonder she's so pale. She's dying of aids. Poor thing, she has HIV. That's why she's hating. . . . I hope she dies." 

On March 31, 2009, Wong-Fernandez pled no contest [3] to the charge of unauthorized computer access in the first degree, apologized [2] in court, and asked for no jail time. Prosecutors asked for one month of imprisonment. The court disagreed with the sentencing recommendations of both parties and instead sentenced [4] Wong-Fernandez to one year in prison, five years probation, and 200 hours of community service. The judge reportedly said [5] during sentencing that "people in this society have to realize that the Internet is not something that can be taken advantage of. You can't use the Internet to do unlawful conduct."

Related Links: 

  • CMLP: Crime online may mean more time [6]
  • The Honolulu Advertiser: Medical privacy violator gets 1 year [7]
  • Holland & Hart Healthcare: The Internet, MySpace, Medical Privacy and Family Feuds [8]
  • KGMB9: Woman Posted Online HIV Patient Record (Video of Apology and Sentencing) [2]
  • Honolulu Advertiser: Woman gets year in prison for Internet posting of AIDS patient's records [5]
Details

Web Site(s) Involved: 

MySpace.com

Content Type: 

  • Text

Publication Medium: 

Social Network

Subject Area: 

  • Criminal
Court Information & Documents

Jurisdiction: 

  • Hawaii

Source of Law: 

  • Hawaii

Court Name: 

Oah'u Circuit Court

Court Type: 

State

Case Number: 

1PC08-1-001761

Relevant Documents: 

PDF icon 2009-06-09-Wong-Fernandez Sentence.pdf [9]
PDF icon 2009-03-31-Wong-Fernandez Docket.pdf [10]
CMLP Information (Private)

Priority: 

1-High

CMLP Notes: 

AVM 6/19/09- The Court Website [11] (search for wong-fernandez) is very slow and has only summaries, no images. not on WL

 

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Source URL (modified on 08/20/2014 - 11:09pm): https://www.dmlp.org/threats/hawaii-v-wong-fernandez

Links
[1] https://www.dmlp.org/threats/hawaii-v-wong-fernandez
[2] http://kgmb9.com/main/content/view/18217/40/
[3] https://www.dmlp.org/sites/citmedialaw.org/files/2009-03-31-Wong-Fernandez%20Docket.pdf
[4] https://www.dmlp.org/sites/citmedialaw.org/files/2009-06-09-Wong-Fernandez%20Sentence.pdf
[5] http://www.honoluluadvertiser.com/article/20090609/BREAKING01/90609059/Woman+gets+year+in+prison+for+Internet+posting+of+AIDS+patient+s+records
[6] https://www.dmlp.org/blog/2009/crime-online-may-mean-more-time
[7] http://www.honoluluadvertiser.com/article/20090610/NEWS01/906100389/-1/RSS02?source=rss_localnews
[8] http://www.hollandharthealthcare.com/healthcare/cases/
[9] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-06-09-Wong-Fernandez%20Sentence.pdf
[10] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-03-31-Wong-Fernandez%20Docket.pdf
[11] http://hoohiki1.courts.state.hi.us/jud/Hoohiki/main.htm?spawn=1