Supreme Court Asked to Clarify Privacy Protections for Data Shared with Third Parties

Tuesday 1st of April 2025 14:21:48

Supreme Court Weighs In on Privacy Concerns for Records Shared with Third Parties

Washington D.C. - A group of prominent organizations, including the Electronic Frontier Foundation (EFF), the American Civil Liberties Union (ACLU), and the National Association of Criminal Defense Lawyers (NACDL), have filed amicus briefs in support of a petition to the Supreme Court regarding privacy concerns for records shared with third parties.

The petition, filed by the Electronic Privacy Information Center (EPIC), argues that the government's request for Supreme Court review on the matter of privacy for records shared with third parties is warranted. EPIC's petition stems from a 2020 decision by the U.S. Court of Appeals for the District of Columbia Circuit, which ruled that the government's request for information from a third-party recordkeeper was not a Fourth Amendment search.

The amicus briefs filed in support of EPIC's petition highlight the importance of protecting individual privacy in the digital age. The briefs argue that the government's ability to request and obtain sensitive information from third-party recordkeepers, such as phone and email providers, without a warrant or probable cause, poses a significant threat to individual privacy and civil liberties.

The briefs also emphasize the need for the Supreme Court to clarify the scope of Fourth Amendment protections in the context of third-party records. The organizations argue that the lower court's decision in the case undermines the fundamental right to privacy and could lead to further erosion of these protections.

In addition to the EFF, ACLU, and NACDL, other organizations that filed amicus briefs in support of EPIC's petition include the National Association of Social Workers, the American Library Association, and the PEN America. The briefs were filed on behalf of EPIC, and the organizations are urging the Supreme Court to grant the petition and address the important privacy concerns at stake.

The Supreme Court's decision on whether to grant EPIC's petition is expected in the coming months. The outcome is likely to have significant implications for individual privacy and civil liberties in the digital age.