Daniel’s Law: The Next Wave in Privacy Litigation
Privacy litigation remains one of the fastest growing areas of litigation in the U.S. Plaintiff’s privacy attorneys have a well-developed playbook for asserting new claims, a pillar of which is to identify new website technologies that allegedly violate older privacy laws that provide for liquidated damages. The recent surge in litigation alleging that the use of Meta Pixel, a tracking technology, violates state wiretap laws and/or the Video Privacy Protection Act (VPPA) is a prime example of this approach.
Similarly, plaintiff’s lawyers have creatively advanced new theories of liability under the Illinois Biometric Information Privacy Act (BIPA) based on website “try-on” and identity verification technologies. Another common trend is to target companies that allegedly profit off the sale of personal information, such as data brokers and online look-up services.
The latest boomlet in privacy litigation may be happening in New Jersey, where over 140 lawsuits have been filed in February alone against data brokers, alleging violations of New Jersey’s “Daniel’s Law.” This law prohibits the posting or disclosure of address and telephone information of certain New Jersey public officials, including judges, prosecutors and law enforcement. The suits allege the data brokers and look-up services did not take down protected contact information that had been posted on public sites within the proper time frame as required under the law.
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"Daniel’s Law: The Next Wave in Privacy Litigation," by Philip N. Yannella and Timothy W. Dickens was published by Reuters Legal News and Westlaw Today on March 20, 2024.