Federal Appeals Court Revives Driver Privacy Claims

In McDonough v. Anoka County, a federal appeals court has revived several cases under the Driver's Privacy Protection Act. A lower court previously ruled that the plaintiffs, including female journalists, failed to bring the claims in time. EPIC argued as amicus that "discovery" not "occurrence" is the correct standard for time limitations in privacy cases. Although the appellate court affirmed that some claims were time barred, it permitted many of the claims to proceed. The defendants' justifications for accessing the plaintiffs' driving records, wrote the court, "are not sufficiently convincing to undermine the reasonable inference of impermissible purpose." The appellate court also acknowledged that "[EPIC] raises legitimate concerns about the ability of identity thieves to utilize sensitive personal information found in motor vehicle records and the difficulty in detecting such a crime within the applicable limitations period."


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