Comment: State Sale of Driver’s License Data Sparks Debate over Federal Privacy Law

Steven C. Carlson
1 YALE SYMP. L. & TECH. art. no. 5

Data privacy law is ripe for review by federal courts. Recent case law, however, has withheld pronouncements on federal privacy rights in favor of resolving disputes according to more traditional doctrines of federalism. Three federal circuit courts of appeals have heard challenges to the Driver’s Privacy Protection Act. The cases, bringing to the bench novel issues of privacy law, have been resolved largely under the Commerce Clause. The cases leave open the question of how broadly in scope federal constitutional protection applies to personal data.