From EPIC: EPIC has filed a “friend of the court” brief, joined by forty-four technical experts and legal scholars (members of the EPIC Advisory Board), in the OPM Data Breach case. The case concerns the data breach at the US Office of Personnel and Management in 2015 that affected 22 million federal employees, their friends,…
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EPIC Scrutinizes DHS “Insider Threat” Database
From EPIC: In comments to DHS, EPIC criticized a proposed “Insider Threat” database that would gather vast amounts of personal data on individuals outside the federal agency. EPIC urged DHS to limit the scope of data collection and drop proposed Privacy Act exemptions. Citing the recent surge in government data breaches, including the breach of 21.5 m records at OPM, EPIC warned that DHS data…
Is there a “constitutional right to informational privacy”? as claimed by NTEU’s data breach lawsuit?
On July 8, in noting NTEU’s lawsuit over the OPM hack, I had questioned the suit’s claim that the government breach constituted a violation of their “constitutional right to informational privacy.” Jennifer E. Canfield of Montgomery McCracken Walker & Rhoads LLP also picked up on that claim, and writes: But does a “constitutional right to informational privacy”…
Supreme Court Defers on Constitutional Right to Information Privacy; Scalia Predicts Increased Litigation
Bret Cohen writes: On January 19, the Supreme Court decided NASA v. Nelson, a case brought by NASA contractors alleging that questions asked by the federal agency in a background check violated their constitutional right to information privacy — i.e., a constitutional privacy interest in the government “avoiding the disclosure of personal matters” recognized in a pair of…