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Full-Text Articles in Law
The Trade Origins Of Privacy Law, Anupam Chander
The Trade Origins Of Privacy Law, Anupam Chander
Georgetown Law Faculty Publications and Other Works
The desire for trade propelled the growth of data privacy law across the world. Countries with strong privacy laws sought to ensure that their citizens’ privacy would not be compromised when their data traveled to other countries. Even before this vaunted Brussels Effect pushed privacy law across the world through the enticement of trade with the European Union, Brussels had to erect privacy law within the Union itself. And as the Union itself expanded, privacy law was a critical condition for accession.
But this coupling of privacy and trade leaves a puzzle: how did the U.S. avoid a comprehensive privacy …
Unavoidability In U.S. Privacy Law, Laura M. Moy
Unavoidability In U.S. Privacy Law, Laura M. Moy
Georgetown Law Faculty Publications and Other Works
Why is U.S. privacy law structured the way it is, with a series of sectoral laws rather than a cross-sectoral law or laws? Why does U.S. privacy law protect information shared in certain contexts—such as information shared with an attorney, a healthcare provider, or a financial provider—rather than particular types of information? One possibility is that sectoral laws apply to contexts in which people typically share highly “sensitive” information containing intimate secrets or with the potential to harm them financially or psychologically.
But this Article argues that there is something else at play—that in fact, an under-discussed and underappreciated factor …