New Jersey District Court Rules Daniel’s Law Constitutional; Atlas Cases to Continue
A consolidated case involving a New Jersey statute protecting certain public servants’ personal information can continue, Judge Harvey Bartle ruled on Friday, denying various motions to dismiss. The plaintiff, Atlas Privacy, has brought suits against data brokers -- the defendants -- under Daniel’s Law, which the brokers argue is unconstitutional in a case at the U.S. District Court for New Jersey.
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Despite the data brokers' arguments that "references to 'privacy and security' were 'boilerplate' and insufficient to allege harm,” the judge disagreed. “The alleged dangers from disclosure [of protected information] are real and immediate,” Bartle said.
Four of the defendants -- Infomatics, the People Searchers, We Inform and eMerges.com -- argued that Daniel’s Law does not apply to them. The New Jersey District Court also ruled that wasn't true.
Daniel’s Law, enacted in November 2020, is aimed at protecting the personal information of covered persons, including judicial and law enforcement officers, child protective investigators and certain family members. It allows these people to request that data brokers delete their information. The measure was amended in 2023 to allow third parties to bring suits on behalf of covered persons, which some privacy lawyers argue has led to “abuse” of the statute (see 2504040031).
Atlas has asked the court to reject the defendants’ request to dismiss the case over its constitutionality (see 2505060061).