Good Privacy News - NH Supreme Ct Boyer Decision

[Dave Farber <dave () farber net>]

------ Forwarded Message
From: Marc Rotenberg <rotenberg () epic org>


The New Hampshire Supreme Court today continued a hundred year
tradition of extending the common law as "recent inventions and
business methods call attention to the next step which must be taken
for the protection of the person, and for securing . . . the right
to be let alone." (Brandeis and Warren, 1890)

The court held that information brokers and private investigators
could be held liable for the harms caused by selling personal
information. In the case, a young woman was murdered by a stalker
who obtained her personal information from information brokers and
private investigators.

EPIC played a big part in this case. We worked in close consultation
with the New Hampshire Supreme Court, which had certified five
questions for review. We submitted an extensive amicus brief in the
case supporting greater privacy protections against pretextual
calling and the sale of Social Security Numbers. Two of our summer
IPIOP clerks, Will Devries and Marcia Hoffman, worked with Chris on
the EPIC brief, which was absolutely first-rate. Anyone interested
in the development of privacy law in the United States should
take a look at this case.

The case also demonstrates the important efforts underway in the US,
from New Hampshire to California, to ensure that privacy safeguards
do indeed keep up with new technologies and new business practices.
Watch for some industry groups to seek preemption from the Congress
this year.

Resmburg v. Docusearch, NH Supreme Court, Feb. 18 2003

   http://www.courts.state.nh.us/supreme/opinions/2003/remsb017.htm

EPIC Amy Boyer Page

   http://www.epic.org/privacy/boyer/

EPIC Amicus Brief

   http://www.epic.org/privacy/boyer/brief.html

We've also been slashdotted.

  http://yro.slashdot.org/yro/03/02/18/1852245.shtml?tid=158


Marc.


------ End of Forwarded Message

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