California Test Takers Oppose Disclosure

The California Bar Journal reports that 23 persons who have sat for the California bar examination have filed a motion in opposition to the lawsuit of Professor Richard Sander and others seeking access to data on exam takers. The web page entry states that:

The proposed intervenors, who are mostly Latino and AfricanAmerican, argue that they provided such information only becausethey were promised the information would be used for internalpurposes only and not released to anyone outside the State Bar.

They said that while they seek the same judicial result as theState Bar, they also “have an independent, substantial anddirect interest in the outcome of this case and in making sure thatthey can be heard.”

If Sander and the others win their suit, the 23 bartakers’ “guaranteed right to privacy under theCalifornia Constitution and FERPA [The Family Educational Rightsand Privacy Act] would be violated by the disclosure of theirpersonal, private information without their consent, andRespondents [the State Bar] would be required to breach writtencontractual promises of confidentiality that they made to ProposedIntervenors to obtain the information.

The State Bar, the motion, said, “is legally and morallybound to keep it confidential.”

(Mike Frisch)