Data Privacy Posts
New Jersey Enacts Comprehensive Privacy Law
New Jersey is the first state to enact a comprehensive privacy law in 2024 and the 13th state overall with a comprehensive privacy law on the books. The law is notable in applying to nonprofit entities, provided that they meet the Act’s applicability thresholds.
Children’s Digital Privacy and the Case Against Parental Consent
As companies rely on the verifiable parental consent required by the Children’s Online Privacy Protection Act to collect and use minors’ data, reviewing boilerplate waivers of liability and consent forms for children’s online activities have thus become part of parenting.
ALI Data Privacy: Overview and Black Letter Text
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.
Privacy Harms
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
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
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?
[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.
A French Perspective on Extraterritorial Enforcement of U.S. Laws
In June 2019, President Donald Trump suggested the European Union’s (EU) suits against certain American companies, such as Facebook and Google, were inappropriate legal actions.
Our Data-Driven Future: Promise, Perils, and Prognoses
Nowadays, most of our activities and personal details are recorded by one entity or another. These data are used for many applications that fundamentally enrich our lives, such as navigation systems, social networks, search engines, and health monitoring.
Maine Governor Signs Bill Banning Internet Providers From Selling Consumer Data Without Consent
Maine Gov. Janet Mills (D) signed into law one of the nation’s strongest privacy bills on Thursday, banning internet service providers (ISPs) from using, selling or distributing consumer data without their consent.