In a case of first impression, a New Jersey appeals court has held that Internet subscribers have a reasonable expectation of privacy, allowing a challenge to a subpoena that led to an indictment for computer-related theft. The ruling is part of the growing body of case law recognizing a right to "informational privacy," defined as "the ability to control the acquisition or release of information about oneself" or "to control the terms under which personal information is acquired, disclosed, and used."
January 24, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
In a case of first impression under New Jersey law, an appeals court has held that Internet subscribers have a reasonable expectation of privacy, allowing a challenge to a subpoena that led to an indictment for computer-related theft.
Monday’s ruling is grounded on the New Jersey Constitution’s implied right of privacy and on precedents the court termed “highly protective” of that right, even as to data in third parties’ hands.
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