Daniel's Law Was Born from Judge's Family Tragedy. Now the Privacy Law Faces Its Biggest Test.
Data privacy attorney Paul Bond was quoted in an NJ.com article about a New Jersey Supreme Court decision on Daniel's Law, a 2020 state statute enacted to protect the personal information of judicial officials such as judges and prosecutors. The court unanimously ruled that the public officials covered under Daniel's Law can pursue claims against data brokers that do not remove their personal information within the statutory deadline of 10 days following a takedown request. Further, the court found plaintiffs do not have to allege negligence or recklessness in their claims, meaning defendants can be held liable simply for missing the deadline. The case now returns to the U.S. Court of Appeals for the Third Circuit, which will determine the law's constitutionality.
Paul represents clients who have been targeted by Atlas, a company that has filed hundreds of lawsuits against data brokers accusing them of violating the law, even in instances when compliance was not feasible, such as demanding companies remove hundreds of records by Christmas Eve. He called the New Jersey Supreme Court's ruling a "correct and certainly a courageous decision" in light of 2022 amendments removing an intent component to proving liability – even though that could make it more likely the Third Circuit will find Daniel's Law unconstitutional.
"This is a popular law with the best of intentions born out of the tragedy," he said. "Everyone is in favor of protecting judicial officers and law enforcement officers and their family. But on a straight up legal analysis, the statute just doesn't have a mens rea (an intent requirement)."
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Paul is a member of Holland & Knight's New Jersey Business Law Team, a group of approximately 80 lawyers admitted to practice in New Jersey who advise companies operating in or maintaining connections to the Garden State. The team's experience includes data privacy and cybersecurity compliance and litigation, encompassing the issues implicated in this case.