In a recent mandate made by the AIDS Healthcare Foundation (AHF) that spurned panic in the adult film industry, performer health records dating back to 2007 are to be reviewed to help diminish the spread of STDs. The subpoenas detailed that test results and information from health care facilities like Cutting Edge Testing, and Talent Testing Service.

Ever since Measure B, a bill instituted by AHF to make condom usage within the Los Angeles County porn industry a necessity, the association has been cracking down on the spread of sexually transmitted infections throughout this expansive underground business. Their efforts, though, have been met with much backlash from the actors and filmmakers themselves, saying that this mandate is not only a violation of their freedom of speech, but in the long run, does little to stop the spread of diseases.

In fact, many of the performers have complained that frequent condom use comes with its own set of health issues, like friction burns, yeast infections, micotearing, and even an increased likelihood of the condom breaking altogether, but many debate whether these claims are medically sound. This only contributes to the fact that condoms are not 100 percent effective at preventing STDs, they say. Many are also saying that taxpayers will be thrown into the mess, forced to pay for the health repercussions instituted by the AHF, while likely causing a highly lucrative industry out of the area.

According to The Daily Beast, Measure B, or the County of Los Angeles Safer Sex in the Adult Film Industry Act, was passed in November of 2012 with 57 percent majority, representing 1,617,866 people. Immediately in January of the following year, Vivid Entertainment openly contested the mandate, spurning a judge to reevaluate the bill. The judge later ruled that several of the tenants of the bill were too vague, deeming that as it stood, the mandate basically allowed investigators to conduct searches of private residences known to be holding shoots. The 9th Circuit District Court and 9th Circuit Appeals Court said, however, that the mandate was constitutionally sound and upheld its right to force condoms on performers.

But despite the current industry requirement to get tested every two weeks for infections, the AHF still issued their subpoena last week to obtain the private medical records of performers. Tapping into these centers that conduct the testing for performers, the AHF has requested all medical records since January 2007. The Daily Beast spoke with Tom Myers, General Counsel for AHF, who specified that their mandate was put in place to show that the bi-weekly testing method was not enough to stop the spread of disease, and Measure B was in fact necessary.

Myers also clarified that the subpoenas were not intended to reveal any personal information of any individual. They were also not asking for any health information to be linked to an individual, but to just simply receive test results and the number of tests that were performed. In an excerpt from one of the subpoenas, it explicitly states that personal information like name, social security, and date of birth could be redacted from the document.

But despite the caution to keep identities a secret, performers are still worried about their privacy and the sanctity of their medical history. Many are debating whether the mandate is sound under HIPAA laws associated with private medical records, and are finding the answer to be iffy. In an email, performer Chanel Preston said:

HIPAA regulations apply to pornography as much as any other industry. Michael Weinstein [the president of AHF] with the AIDS Healthcare Foundation has been attempting to get information regarding STI transmissions in the adult film industry, even if it means violating performer medical privacy. What Weinstein is doing sets a bad precedent saying that because of assumed risk, performers don’t deserve the medical privacy that other communities have.

Talent Testing Service and Cutting Edge Testing did not make a comment on the subpoena.

This article originally incorrectly said “the County of Los Angeles Safer Sex in the Adult Film Industry Act, was passed in November of 2012 with a little more than half of the vote,” when the mandate was passed by a 57 percent majority, representing 1,617,866 people.

This article incorrectly insinuates that “friction burns, yeast infections, microtearing, and an increased likelihood of the condom breaking altogether” is backed by medical claims, when they are claims made by the film stars themselves.