Doe v. Poritz

In Doe v. Poritz, 142 N.J. 1, 662 A.2d 367 (1995), the Supreme Court upheld the disclosure requirements of the Registration and Community Notification Laws, N.J.S.A. 2C:7-1 to -11 (Megan's Law), against a challenge that public disclosure of private information related to convicted sex offenders invaded their privacy rights. 142 N.J. at 77-91, 662 A.2d 367. The Court explained that the initial inquiry was whether "plaintiff has a reasonable expectation of privacy in the information disclosed." Id. at 78, 662 A.2d 367. If plaintiff did have such a reasonable expectation, "we must decide whether the intrusion on the right of privacy is justified, balancing the governmental interest in disclosure against the private interest in confidentiality." Ibid. The Court analyzed each item of information that the provisions required to be disclosed and determined that plaintiff had no reasonable expectation of privacy in most of the items because they were readily available to the public. Id. at 79-83, 662 A.2d 367. The Court noted that the records of the Division of Motor Vehicles, which included the applicant's address, were public records under N.J.S.A. 47:1A-2. 142 N.J. at 80, 662 A.2d 367. Despite its public availability, the Court held that disclosure of a home address implicated privacy interests, because it might result in unsolicited contact. Id. at 82-84, 662 A.2d 367. The Court also held that "a privacy interest is implicated when the government assembles those diverse pieces of information into a single package and disseminates that package to the public." Id. at 87, 662 A.2d 367. Nevertheless, on the other side of the equation, the Court said: "The state interest in protecting the safety of members of the public from sex offenders is clear and compelling." Id. at 89, 662 A.2d 367. The Court noted that "the degree and scope of disclosure is carefully calibrated to the need for public disclosure: the risk of reoffense." Ibid.