Liability of Transportation Entity for the Unintentional Release of Secure Data or the Intentional Release of Monitoring Data on Movements or Activities of the Public (2016) / Chapter Skim
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Pages 52-53
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From page 52... ...
52 government data are exempt under the FOIA, it is not presumed that the information is thereby privileged within the meaning of the discovery rules.729 When there is a FOIA request, a party's need for the information is "irrelevant" in contrast to discovery when a qualified privilege is asserted and a litigant's need for the information is a key factor for the court's consideration.730 CONCLUSION The Supreme Court has not recognized a constitutional right to privacy in one's personal or locational information.731 Thus, it does not appear that the disclosure of secure data, including an individual's PII, or of monitoring data would violate a right to privacy under the U.S. Constitution.
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From page 53... ...
53 claim for a violation of a constitutional or statutory right to privacy under § 1983. As for state privacy law, at least 10 state constitutions have provisions for the protection of an individual's right to privacy.
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