PRIVACY + SECURITY BLOG

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Supreme Court and Privacy Law

I can’t help but note that there are quite a few cases on the U.S. Supreme Court calendar involving privacy law:

City of Ontario v. Quon

(Fourth Amendment, electronic communications of government employees)

(my thoughts are here)

NASA v. Nelson

(constitutional right to information privacy)

(my thoughts are here and here – [links no longer available])

Snyder v. Phelps

(intentional infliction of emotional distress, intrusion upon seclusion)

(my thoughts are here and here – [links no longer available])

Sadly, though, only in 1 of the 3 cases above do I think the privacy claim ought to prevail.  Regardless, these are exciting times to be a privacy law scholar.  But it is always an exciting time to be a privacy law scholar — so many interesting things going on.  If you’re not a privacy law scholar, you’re really missing out!

UPDATE: Omer Tene pointed out another privacy case before the Court — Doe v. Reed, the case involving whether the state could compel disclosure of the identities of those supporting Proposition 8 (an anti-gay marriage proposition in California).  I have not studied this case in depth, but from what I know, my preliminary take is that the First Amendment bars the disclosure.

Originally Posted at Concurring Opinions

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This post was authored by Professor Daniel J. Solove, who through TeachPrivacy develops computer-based privacy training, data security training, HIPAA training, and many other forms of awareness training on privacy and security topics. Professor Solove also posts at his blog at LinkedIn. His blog has more than 1 million followers.

Professor Solove is the organizer, along with Paul Schwartz, of the Privacy + Security Forum and International Privacy + Security Forum, annual events designed for seasoned professionals.

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