In this Article, the Reporters for The American Law Institute Principles of the Law, Data Privacy provide an overview of the project as well as the text of its black letter. The Principles aim to provide a blueprint for policymakers to regulate privacy comprehensively and effectively.
Daniel Solove Posts
Privacy Harms
by Daniel Solove | Mar 1, 2021 | Data Privacy
Privacy harms have become one of the largest impediments in privacy law enforcement. In most tort and contract cases, plaintiffs must establish that they have been harmed. Even when legislation does not require it, courts have taken it upon themselves to add a harm element.
The Myth of the Privacy Paradox
by Daniel Solove | Feb 11, 2021 | Data Privacy
This article deconstructs and critiques the privacy paradox and the arguments made about it. The “privacy paradox” is the phenomenon where people say that they value privacy highly, yet in their behavior relinquish their personal data for very little in exchange or fail to use measures to protect their privacy.
Now Available: Principles of the Law, Data Privacy
by Daniel Solove | Dec 21, 2020 | Data Privacy
Principles of the Law, Data Privacy is now available in print. This is ALI’s first venture into the field of information privacy law.
The FTC Zoom Case: Does the FTC Need a New Approach?
by Daniel Solove | Nov 20, 2020 | Data Privacy
[On Nov. 9, 2020] the FTC announced a complaint and consent order against Zoom for a violation of Section 5 of the FTC Act. More specifically, the FTC charged Zoom with unfair and deceptive data security practices related to encryption and efforts to bypass browser security safeguards.
Project Feature: Principles of the Law, Data Privacy
by Daniel Solove | Apr 25, 2019 | Data Privacy
In this video, Principles of the Law, Data Privacy Reporters Paul M. Schwartz and Daniel J. Solove discuss the developing concerns and changes in the use of personal data.
The California Consumer Privacy Act of 2018
by Daniel Solove | Jul 13, 2018 | Data Privacy
In the period of just a week, California passed a bold new privacy law — the California Consumer Privacy Act of 2018. This law was hurried through the legislative process to avoid a proposed ballot initiative with the same name. The ballot initiative was the creation of Alastair Mactaggart, a real estate developer who spent millions to bring the initiative to the ballot. Mactaggart indicated that he would withdraw the initiative if the legislature were to pass a similar law, and this is what prompted the rush to pass the new Act, as the deadline to withdraw the initiative was looming.
Game of Risks
by Daniel Solove | Aug 29, 2017 | Data Privacy
Recently, HBO suffered a massive data breach. The hackers stole unreleased episodes of Game of Thrones and have been leaking them before they are broadcast. Episodes of other shows were also stolen. The hackers grabbed 1.5 terabytes of data including sensitive internal documents.
A Gaping Hole in Consumer Privacy Protection Law
by Daniel Solove | Nov 21, 2016 | Data Privacy
Recently, the U.S. Court of Appeals for the 9th Circuit issued a decision with profound implications for consumer privacy protection law. In FTC v. AT&T Mobility (9th Cir. Aug. 29, 2016), a 3-judge panel of the 9th Circuit held that the Federal Trade Commission (FTC) lacks jurisdiction over companies that engage in common carrier activity. The result is that there is now a gaping hole in consumer privacy protection law.