Data Privacy Posts
Privacy Harms
Danielle K. Citron and Daniel SolovePrivacy 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
Daniel SoloveThis 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
Pauline Toboulidis, Daniel Solove and Paul M. SchwartzPrinciples 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?
Daniel Solove and Woodrow Hartzog[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
Dan ShefetIn 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
Fred Feinberg and Dana TurjemanNowadays, 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
Maggie Miller and Emily BirnbaumMaine 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.
Principles of the Law, Data Privacy Is Approved
Jennifer MorinigoOn May 22nd at the 96th Annual Meeting, members of The American Law Institute voted to approve the Tentative Draft of Principles of the Law, Data Privacy. Wednesday’s vote marks the completion of this project.
Project Feature: Principles of the Law, Data Privacy
Paul M. Schwartz and Daniel SoloveIn 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.
January 2019 Council Meeting Updates
Pauline ToboulidisAt its meeting in Philadelphia on January 17 and 18, the ALI Council reviewed drafts for six projects. Drafts or portions of drafts for six projects received Council approval, subject to the meeting discussion and to the usual prerogative to make nonsubstantive editorial improvements.