Yeager v. Hackensack Water Co

In Yeager v. Hackensack Water Co., 615 F. Supp. 1087, 1092 (D.N.J.1985), defendant-water company demanded the names and social security numbers of residents of homes to which it supplied water, to ration water according to the number of people in the home, in accordance with a state drought emergency program. Id. at 1089. The court held that the demand for social security numbers violated the Privacy Act of 1974, 5 U.S.C.A. 552a. 615 F. Supp. at 1089-92. Regarding the names of residents, the court determined that "the right to be free from compelled disclosure of the names of household members is within the right of privacy which has been recognized by the courts." Id. at 1092. The water company alleged that the names were necessary "to verify the number of water users," in order to determine whether rations were being exceeded. Id. at 1092-93. The court acknowledged the state's "substantial interest in alleviating the water emergency," but determined that "there existed less intrusive methods by which defendants might achieve their objectives. Contrary to their assertions, defendants showed no evidence that individuals, if asked, would intentionally misrepresent the number of household members." Id. at 1093.