All posts in Constitutional Right to Info Privacy

NASA v. Nelson

Daniel Solove
Founder of TeachPrivacy

NASA v Nelson

The U.S. Supreme Court has decided NASA v. Nelson, reversing the 9th Circuit 8-0.  My thoughts about the case are here and here, and as I predicted, the Court rejected the 9th Circuit holding that the government employment background check questionnaires violated the constitutional right to information privacy.  Fortunately, the Court kept its opinion narrow and didn’t use it as an opportunity to wipe out the constitutional right to information privacy, a right that the Court mentioned just a few times but that has taken on more of a life in the circuit courts.
Continue Reading

The SeaWorld Killer Whale Death Video and the Right to Privacy

Daniel Solove
Founder of TeachPrivacy

Orca Sea World

Family Privacy Rights in Death-Scene Images of the Deceased

Daniel Solove
Founder of TeachPrivacy

Death Scene Photos and Privacy

In Newsweek, Jessica Bennett tells the tragic story about a family being harassed by the spread of death-scene images of their daughter, who was killed in an automobile accident. The photos of Nikki Catsouras were particularly gruesome — Nikki was decapitated in the crash. According to the article, soon after the crash, photos taken by the California Highway Patrol started circulating on the Internet:

Continue Reading

Can the TB Patient Sue the CDC?

Daniel Solove
Founder of TeachPrivacy

Lungs

The WSJ blog points to this interesting update about the TB patient who was quarantined for having a highly-resistant strain of TB. I blogged about the case here and here. According to the news story, times aren’t very good from Andrew Speaker, the TB patient:

Continue Reading

Identifying the TB Patient

Daniel Solove
Founder of TeachPrivacy

X-ray

The other day, I blogged about the TB patient who flew to Europe and back with the knowledge that he had a rare form of TB. The media had been reporting on the case for a while, and the man’s name was not identified until a day or two ago, when a number of stories began including his full name and photograph, as well as the name and photographs of the woman he married (including photos from his wedding).

Continue Reading

Victim Privacy and Police Disclosures

Daniel Solove
Founder of TeachPrivacy

Police

In Anderson v. Blake (10th Cir. Nov. 14, 2006), the U.S. Court of Appeals for the 10th Circuit decided a case involving a rather egregious violation of a person’s constitutional right to information privacy. A victim was raped while unconscious, and she subsequently found a video of her rape. She reported the rape to the police and gave them the video. The police officer promised her that the video would remain confidential, but the officer later disclosed the video to a television station, which aired the video but at least concealed the victim’s identity.

Continue Reading