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Privacy Advocates Ask Supreme Court To Preserve Individual Rights To File Claims in Privacy Violations

The Center for Democracy & Technology, Electronic Frontier Foundation, New America’s Open Technology Institute and the World Privacy Forum filed an amicus brief in Spokeo v. Robins Tuesday. They asked the court to “preserve the ability of individuals to file…

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private claims for privacy violations as granted by federal laws,” a CDT news release said. In the case, Thomas Robins filed a claim against data broker Spokeo under the Fair Credit Reporting Act, citing inaccuracies in the report. The 9th U.S. Circuit Court of Appeals ruled Robins had the legal standing to sue, but Spokeo appealed to the Supreme Court in 2014. “Limiting the ability of individuals to file claims would be a step in the wrong direction,” said CDT Policy Counsel G.S. Hans, because spreading inaccurate information is pervasive and potentially catastrophic for individuals because the information can be used in credit reports that affect loans, housing and employment decisions, the release said. “In the digital age, the Fair Credit Reporting Act's private right of action plays a central role in promoting accuracy and limiting unfair decisions, just as it did when it was first enacted forty-five years ago,” Hans said. “A broad ruling in this case could prevent claims under a host of other federal privacy laws that remain relevant in the modern era, going well beyond the Fair Credit Reporting Act.”