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US District Court Blocks New York City Data Collection, Ordinance Violates Fourth Amendment journal article

Marc Rotenberg, Bilyana Petkova

European Data Protection Law Review, Volume 5 (2019), Issue 2, Page 266 - 270

Airbnb, Inc, and HomeAway.com v City of New York, Decision of the US Court for the Southern District of New York of 3 January 2019 The Fourth Amendment of the United States Constitution guarantees the ‘right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.’ The Fourth Amendment is violated when a search or seizure is found to be unreasonable. A New York City Ordinance requiring home-sharing companies to provide monthly records containing personal information of the companies’ users is an unreasonable search and seizure within the meaning of the Fourth Amendment.


US Supreme Court Blocks Citizenship Question on 2020 Census, Trump Issues Executive Order to Collect Citizenship Data (New York v Department of Commerce) journal article

Marc Rotenberg, Bilyana Petkova

European Data Protection Law Review, Volume 5 (2019), Issue 3, Page 453 - 457

New York v Department of Commerce, No 18-966, Judgment of the US Supreme Court of 27 June 2019 The Administrative Procedure Act (APA) requires federal agencies to follow certain procedures prior to agency action. The Supreme Court held that the rationale behind the decision of Secretary of Commerce Ross to add a citizenship question to the Census 2020 – to ensure enforcement of the Voting Rights Act – was a ‘contrivance’ and violated the APA. The practical consequence of the decision was to prevent the question about citizenship from appearing on the 2020 census. Following the decision, President Trump announced an Executive Order concerning ‘Collecting Information about Citizenship Status in Connection with the Decennial Census’ which may also rely upon pretextual arguments that can be subsequently challenged in court.

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