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Recourse for inadvertently disclosing private info in discovery request?

A web hosting company, responding to a subpoena request for lawyer207/23/18
My jurisdiction has a statutory cause of action, but all bas jd4hire07/23/18
Also, is there any protection afforded by way of order or ag jeffm07/23/18
"obtain the commitment of the receiving party not to disclos onehell07/23/18
I doubt there are actual damages at this point. The PNC's fo lawyer207/23/18
think logically - if the information isn't used inappropriat dingbat07/23/18
Other than a contractual claim not much comes to mind. Is an therewillbeblood07/25/18
lawyer2 (Jul 23, 2018 - 5:02 pm)

A web hosting company, responding to a subpoena request for domain name ownership details during a very specific window, appears to have disclosed personal information about domain ownership outside of the scope requested. The affected party, a web developer PNC who owned the site prior to the date(s)requested in the subpoena had his/her user ID, real name, email, IP & physical addresses, phone number and all other domains owned disclosed.
Any immediate CoA's come to mind besides possible Invasion of Privacy and/or breach of good faith or fair dealing claims?

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jd4hire (Jul 23, 2018 - 5:06 pm)

My jurisdiction has a statutory cause of action, but all based on invasion of privacy. What damages did they suffer? Curious how they even found out about it.

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jeffm (Jul 23, 2018 - 5:15 pm)

Also, is there any protection afforded by way of order or agreement between the parties in the pending litigation? If not, you could probably get the disclosing party to obtain the commitment of the receiving party not to disclose the information outside of the litigation.

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onehell (Jul 23, 2018 - 5:53 pm)

"obtain the commitment of the receiving party not to disclose the information outside of the litigation."

Exactly what I was thinking.. And if they refuse you could always move to intervene in the case under which the subpoena was issued for the limited purpose of obtaining appropriate protective order, and perhaps an order to pay the atty fees and costs incurred with seeking same.

And if there are damages, one could always look to see if the disclosure breached the web hosting company's ToS or notice of privacy practices which usually has a contractual commitment not to disclose customer's private info except as legal process requires. If the info disclosed was beyond the scope of the subpoena then legal process didn't require it and it's essentially an issue of breach of contract..

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lawyer2 (Jul 23, 2018 - 6:03 pm)

I doubt there are actual damages at this point. The PNC's former client (current domain owner) informed the PNC that their information was disclosed in the discovery. Outside of any obscure Private Right of Action under the hodgepodge of existing US privacy laws, breach of contract is the only thing I can think of since it does violate the company's own privacy policy. Even then, are we only talking about nominal damages?

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dingbat (Jul 23, 2018 - 8:33 pm)

think logically - if the information isn't used inappropriately, there are no actual damages, are there? So it really boils down to who the information got disclosed to and what that party will do with the information.

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therewillbeblood (Jul 25, 2018 - 8:11 pm)

Other than a contractual claim not much comes to mind. Is any of this info already publicly available via WHOIS? Best would be a third party motion to compel return.

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