Brief of Amicus Curiae National Association of Scholars in Support of Appellants, Sander and First Amendment Coalition v. State Bar of California, 1st Civil No. A150625 (Cal. Ct. App. filed Jan. 26, 2018)

Abstract

The public good often depends on social science research that employs personal data. Volumes of scientific breakthroughs based on data accumulated through access to public information demonstrate the importance and feasibility of enabling research in the public interest while still respecting data privacy. For decades, reliable and routine technical methods have ensured protection for personal privacy by de-identifying personal data. Social science research into legal education and admission to the bar is presently a matter of urgent public interest and importance, requiring solid empirical analysis of anonymized personal data that government authorities possess. Social science research of the very kind proposed by Appellants Sander and The First Amendment Coalition represents standard, indeed commonplace, research practice furthering the public interest, while employing established methodologies that minimize the risk to privacy.

Keywords: access to information, data, freedom of information, privacy, research, social science, transparency

JEL Classification: C80, J44, K23, K42