Judge Upholds New Jersey Law Protecting Public Officials’ Privacy and Security

A Federal Judge last week rejected a constitutional challenge against Daniel’s Law, a New Jersey law that allows judges, law enforcement officers, and other public officials to request to have their personal information, including their home address and phone number, removed from websites. Daniel’s Law was passed to protect the privacy and security of public officials after US district judge Esther Salas’ son, Daniel Anderl, was murdered in the family’s New Jersey home. A man seeking to harm Judge Salas found her address online, went to her home, and opened fire, killing her son and injuring her husband.

A group of New Jersey police officers represented by Atlas Privacy filed suit under Daniel’s Law alleging that data brokers failed to comply with the law. The defendant data brokers filed a consolidated motion to dismiss, alleging that Daniel’s Law violates the First Amendment. Judge Harvey Bartle III denied their motion, stating that the defendants’ constitutional challenges are “all without merit.” Now, the suits may proceed, and if the data brokers are ultimately held liable for violating Daniel’s Law, they could be required to pay at least $19 million in damages.

EPIC has long advocated for state and federal data privacy and security protections. EPIC recently released materials highlighting how data brokers’ extensive collection and sharing of personal information harms national security and puts many communities at risk, including domestic violence survivors and immigrants. EPIC urged the CFPB to clarify that data brokers are covered by the Fair Credit Reporting Act, which would place limits on how data brokers may collect and share personal information. EPIC also fights against industry attempts to invalidate data regulations under the First Amendment.