Professor David Thaw Files Amicus Curiae Brief in Supreme Court Case Spokeo v. Robins With Fellow Privacy Law Scholars
A major Supreme Court case dealing with privacy law and consumer protection has attracted a flurry of amicus curiae briefs on both sides. Pitt Law professor and cybersecurity expert David Thaw joined 14 information privacy law scholars from around the country to file their own Information Privacy Law Scholars' amicus curiae brief in the case.
The Supreme Court will hear oral arguments in the case Nov. 2 and according to Alison Frankel of On the Case at Reuters, this case has potentially enormous consequences.
Thaw's brief argues that in an era in which employers increasingly practice “hiring by algorithm,” inaccurate consumer reports (such as those milled by content aggregators like Spokeo) — even those that contain putatively favorable inaccuracies — can cause real economic injury to consumers. Such inaccuracies can lead employers to screen out prospective employees as overqualified or too well-paid. Alternatively, employers may suspect resume inflation and dishonesty if background checks reveal inconsistencies or unearned honors.