Law Commons^™

Privacy By Design: Taking Ctrl Of Big Data, Eric Everson

Cleveland State Law Review

The concept of Privacy by Design is rooted in systems engineering. Yet, it is the legal framework of global privacy that gives new color to this concept as applied to Big Data. Increasingly, the long arm of the law is reaching into Big Data, but it is not simply by matter of regulatory enforcement or civil legal developments that Privacy by Design (PbD) is being thrust into the spotlight once more.

Given that Big Data is considered miniscule in contrast to future data environments, PbD is simply the right thing to do. This paper aims to explore the origin of …

Game Of Phones: The Fourth Amendment Implications Of Real-Time Cell Phone Tracking, Cal Cumpstone

Cleveland State Law Review

With the help of technological advancements, law enforcement can now hijack a targeted individual’s cell phone to ping and track the phone’s exact location in real time. Based upon previous rulings, this new tracking process has apparently fallen into a "grey area" of Fourth Amendment jurisprudence. However, real-time cell phone tracking should be a search in terms of the Fourth Amendment and, therefore, require a warrant. Real-time cell phone tracking infringes on an individual’s reasonable expectation of privacy, violates the trespass doctrine as a trespass to chattels, and violates the Kyllo standard by using technology not in general public use …

Social Data Discovery And Proportional Privacy, Agnieszka Mcpeak

Cleveland State Law Review

Social media platforms aggregate large amounts of personal information as "social data" that can be easily downloaded as a complete archive. Litigants in civil cases increasingly seek out broad access to social data during the discovery process, often with few limits on the scope of such discovery. But unfettered access to social data implicates unique privacy concerns—concerns that should help define the proper scope of discovery.

The Federal Rules of Civil Procedure, as amended in 2015, already contain the tools for crafting meaningful limits on intrusive social data discovery. In particular, the proportionality test under Rule 26 weighs the burdens …

A Healthy Amount Of Privacy: Quantifying Privacy Concerns In Medicine, Ignacio N. Cofone

Cleveland State Law Review

With recent developments in e-health, concerns have been raised regarding the privacy of patients who are monitored with such treatments. I propose a simple method to incorporate these concerns into a standard health impact evaluation, based on quality-adjusted life years and the incremental cost-effectiveness ratio. This method provides a way to objectively value privacy concerns and balance them with health benefits. Hence, it can guide doctors and policymakers into incorporating privacy considerations and making better choices regarding e-health programs. This method can also be tested on existing economic evaluations to compare outcomes and gauge the extent to which privacy issues …

It Depends: Recasting Internet Clickwrap, Browsewrap, "I Agree," And Click-Through Privacy Clauses As Waivers Of Adhesion, Charles E. Maclean

Cleveland State Law Review

Digital giants, enabled by America’s courts, Congress, and the Federal Trade Commission, devise click-through, clickwrap, browsewrap, "I Agree" waivers, and other legal fictions that purport to evidence user "consent" to consumer privacy erosions. It is no longer enough to justify privacy invasions as technologically inevitable or as essential to the American economy. As forced consent is no consent at all, privacy policies must advance with the technology. This article discusses adhesion waivers, the potential for FTC corrective action, and a comparison to privacy policies of the European Union.