Federal and state agencies traditionally obtain information for law enforcement purposes using a variety of methods including:

  • court issued subpoenas,
  • grand jury subpoenas,
  • search warrants,
  • litigation discovery requests, and
  • administrative subpoenas.1

A request by a government agency for personal information about one, or more, consumers may conflict with consumers’ expectations of privacy, and, in some instances, may arguably conflict with legal obligations imposed upon an organization not to produce information.  For example, if an organization promises within its privacy policy that it will never share the information that it collects with a “third party” and does not include an exception for requests from law enforcement, or government agencies, a consumer could argue that by producing information pursuant to a government request, an organization has violated its privacy policy and committed an unfair or deceptive practice in violation of federal or state law. …