New Jersey, October 23, 2025
The New Jersey Supreme Court is set to review a judicial privacy law as part of a case from the Third Circuit. This crucial decision comes amid increasing security threats faced by judges. The outcome of this review could significantly impact the protections available to judges, affecting their privacy in an era where their safety is increasingly at risk. Stakeholders from various backgrounds are closely monitoring this case as it could set important precedents for judicial security protocols.
Trenton, NJ – The New Jersey Supreme Court has agreed to review a request from the Third Circuit Court of Appeals regarding the interpretation of Daniel’s Law, a judicial privacy measure aimed at protecting personal information. The Third Circuit is seeking clarification on whether a specific mental state is required to establish liability for data brokers that publish private information online.
Daniel’s Law was enacted after the tragic assassination of Daniel Anderl, the son of U.S. District Court Judge Esther Salas, in 2020. The legislation intends to safeguard the personal details of judges, prosecutors, police officers, and other at-risk public officials, along with their immediate family members, by preventing public access to their home addresses and unlisted phone numbers.
The request by the Third Circuit arises from a legal challenge involving Atlas Data Privacy, a firm managing notices under Daniel’s Law for thousands of subscribers. Atlas has sued over 40 data brokers and search firms for allegedly failing to comply with requests to remove protected information. Some of these companies contest the law, asserting that it infringes on their First Amendment rights.
The New Jersey Supreme Court’s forthcoming decision will provide critical guidance on how Daniel’s Law is applied, particularly in terms of the necessary mental state for holding data brokers accountable for disclosing private information. This clarification is essential for balancing the privacy rights of public officials with the First Amendment rights of content publishers.
As the case moves forward, stakeholders are anticipating the New Jersey Supreme Court’s interpretation, which will ultimately influence the degree of liability for data brokers and shape ongoing discussions regarding data privacy and freedom of speech.
Frequently Asked Questions (FAQ)
What is Daniel’s Law?
Daniel’s Law is a judicial privacy measure enacted in New Jersey following the assassination of Daniel Anderl, the son of U.S. District Court Judge Esther Salas, in 2020. The law aims to protect the personal information of judges, prosecutors, police officers, and other at-risk public officials, as well as their immediate family members, by shielding their home addresses and unlisted phone numbers from public disclosure.
Why is the New Jersey Supreme Court reviewing Daniel’s Law?
The New Jersey Supreme Court is reviewing a request from the Third Circuit Court of Appeals to interpret whether Daniel’s Law requires a specific mental state to establish liability for data brokers who publish private information online. This clarification is necessary to determine the extent of liability under the law and its implications for data privacy and free speech.
What is the significance of this review?
The review by the New Jersey Supreme Court will provide essential guidance on the application of Daniel’s Law, particularly regarding the mental state required to hold data brokers liable for publishing protected information. This decision is crucial for balancing the privacy rights of public officials with the First Amendment rights of data publishers.
What is the background of the legal challenge involving Atlas Data Privacy?
Atlas Data Privacy, a firm managing Daniel’s Law notices for thousands of subscribers, sued over 40 data brokers and search firms for allegedly failing to comply with removal requests. Some of these companies have contested the law, claiming it infringes upon their First Amendment rights. The Third Circuit Court of Appeals has sought the New Jersey Supreme Court’s interpretation to resolve these legal challenges.
What are the potential outcomes of the New Jersey Supreme Court’s decision?
The New Jersey Supreme Court’s forthcoming decision will clarify the application of Daniel’s Law, particularly concerning the mental state required to hold data brokers liable. This clarification will impact how data privacy laws are enforced and how they intersect with free speech rights, affecting both public officials’ privacy and data publishers’ responsibilities.
When is the New Jersey Supreme Court expected to make a decision?
The timeline for the New Jersey Supreme Court’s decision is not specified. However, stakeholders are awaiting the court’s interpretation to determine the extent of liability under Daniel’s Law and its broader implications for data privacy and free speech.
How does this case relate to the First Amendment?
The case involves a balance between the privacy rights of public officials, as protected by Daniel’s Law, and the First Amendment rights of data publishers. The New Jersey Supreme Court’s interpretation will address how these rights intersect and the extent to which data publishers can be held liable under the law.
What are the implications for data privacy and free speech?
The New Jersey Supreme Court’s decision will have significant implications for data privacy and free speech. It will determine the extent to which data brokers can be held liable for publishing protected information and how such liability aligns with First Amendment rights, affecting both the privacy of public officials and the responsibilities of data publishers.
What is the current status of the case?
The case is currently under review by the New Jersey Supreme Court, which has agreed to interpret the application of Daniel’s Law as requested by the Third Circuit Court of Appeals. The court’s forthcoming decision will provide clarity on the law’s enforcement and its implications for data privacy and free speech.
How can I stay informed about the outcome of this case?
To stay informed about the outcome of this case, you can monitor official communications from the New Jersey Supreme Court, legal news outlets, and updates from organizations involved in the case. These sources will provide timely information on the court’s decision and its implications.
What should data brokers and public officials do in the meantime?
In the interim, data brokers and public officials should review their practices concerning the publication and removal of personal information to ensure compliance with existing privacy laws. They should also stay informed about the case’s progress to understand potential changes in legal obligations and rights.
How does this case affect the general public?
The outcome of this case may influence how personal information is handled and protected, affecting the general public’s privacy rights and access to information. It will also provide clarity on the balance between privacy protections and free speech rights in the context of data publication.
What are the broader implications of this case?
The broader implications of this case include setting legal precedents for the enforcement of privacy laws, particularly concerning the liability of data brokers, and defining the boundaries between privacy protections and First Amendment rights. The decision will impact how personal information is managed and protected in the digital age.
Where can I find more information about Daniel’s Law?
More information about Daniel’s Law can be found through official New Jersey state resources, legal databases, and organizations advocating for judicial privacy and data protection. These sources provide detailed information about the law’s provisions, its enactment, and its implications.
What are the next steps in this legal process?
The next steps involve the New Jersey Supreme Court reviewing the request from the Third Circuit Court of Appeals and issuing a decision that clarifies the application of Daniel’s Law. This decision will guide the enforcement of the law and inform future legal challenges related to judicial privacy and data publication.
How can I get involved or express my opinion on this matter?
To express your opinion or get involved, you can contact your local representatives, participate in public forums, or engage with organizations that advocate for privacy rights and free speech. Staying informed and participating in discussions can contribute to the ongoing dialogue about balancing privacy protections and First Amendment rights.
What should I do if I am affected by this issue?
If you are affected by this issue, consider consulting with legal professionals to understand your rights and options. Staying informed about the case’s progress and the New Jersey Supreme Court’s decision will help you make informed decisions regarding your personal information and privacy rights.
How does this case relate to other privacy laws?
This case relates to other privacy laws by addressing the complexities of protecting personal information in the digital age and balancing those protections with constitutional rights such as the First Amendment. It contributes to the ongoing legal discourse on privacy, data publication, and free speech.
What are the potential consequences for data brokers?
The potential consequences for data brokers include increased liability for publishing protected information and the need to implement more stringent measures to comply with privacy laws. The New Jersey Supreme Court’s decision will clarify the extent of this liability and inform future practices in the industry.
What are the potential consequences for public officials?
The potential consequences for public officials include enhanced protection of their personal information and a clearer understanding of their rights under privacy laws. The case may also influence how they manage and disclose their personal information in the context of public service.
How does this case impact the balance between privacy and free speech?
This case impacts the balance between privacy and free speech by addressing how privacy laws can be enforced without infringing upon First Amendment rights. The New Jersey Supreme Court’s decision will provide guidance on maintaining this balance in the context of data publication and protection.
What are the broader societal implications of this case?
The broader societal implications include setting precedents for how personal information is protected, how privacy laws are enforced, and how they interact with constitutional rights. The case will influence public discourse on privacy, data publication, and free speech in the digital era.
How can I learn more about the legal aspects of this case?
To learn more about the legal aspects of this case, you can consult legal databases, academic journals, and organizations specializing in privacy law and First Amendment rights. These resources provide in-depth analyses and discussions on the case’s legal implications and broader context.
What are the potential impacts on data privacy policies?
The potential impacts on data privacy policies include the need for revisions to comply with the New Jersey Supreme Court’s interpretation of Daniel’s Law. Organizations may need to update their practices regarding the publication and removal of personal information to align with legal requirements and protect individual privacy rights.
What are the potential impacts on First Amendment rights?
The potential impacts on First Amendment rights include clarifying the extent to which free speech protections apply to the publication of personal information and how those protections interact with privacy laws. The case will inform the boundaries between privacy rights and free speech in the context of data publication.
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Author: NEW JERSEY STAFF WRITER
The NEW JERSEY STAFF WRITER represents the experienced team at constructionnjnews.com, your go-to source for actionable local news and information in New Jersey and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as the New Jersey Build Expo, major infrastructure projects, and advancements in construction technology showcases. Our coverage extends to key organizations like the Associated Builders and Contractors of New Jersey and the New Jersey Builders Association, plus leading businesses in construction and legal services that power the local economy such as CMiC Global and Gibbons P.C. As part of the broader network, including constructioncanews.com, constructionnynews.com, and constructiontxnews.com, we provide comprehensive, credible insights into the dynamic construction landscape across multiple states.
