December 31, 2008
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 African American, argue that they provided such information only because they were promised the information would be used for internal purposes only and not released to anyone outside the State Bar.
They said that while they seek the same judicial result as the State Bar, they also “have an independent, substantial and direct interest in the outcome of this case and in making sure that they can be heard.”
If Sander and the others win their suit, the 23 bar takers’ “guaranteed right to privacy under the California Constitution and FERPA [The Family Educational Rights and Privacy Act] would be violated by the disclosure of their personal, private information without their consent, and Respondents [the State Bar] would be required to breach written contractual promises of confidentiality that they made to Proposed Intervenors to obtain the information.
The State Bar, the motion, said, “is legally and morally bound to keep it confidential.”
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