Christopher Wolf writes:
Under the Driver’s Privacy Protection Act of 1994 (DPPA), 18 U.S.C. §§ 2721–2725, it is illegal to obtain or use personal information in driving records for the purpose of bulk marketing or solicitations without the express consent of the individuals whose information is being used. The statute does contain a “litigation exception” that allows disclosure of personal information for “use in connection with any civil … proceeding,” including “investigation in anticipation of litigation” without the consent of the individuals whose information is used.
Yesterday, the Supreme Court granted review in Maracich v. Spears, No. 12-25, to consider whether the litigation exception in the DPPA allows lawyers to obtain protected personal information from driving records for the sole purpose of recruiting plaintiffs for litigation.
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