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European Union Data Privacy Law Developments, W. Gregory Voss Dec 2013

European Union Data Privacy Law Developments, W. Gregory Voss

W. Gregory Voss

This article explores recent developments in European Union data privacy and data protection law, through an analysis of European Union advisory guidance, independent administrative agency enforcement action, case law, and legislative reform in the areas of digital technologies, the internet, telecommunications and personal data. In the first case, Article 29 Working Party guidance on anonymization techniques – so important in the field of big data – is discussed and distinguished from pseudonymization. Next, Google privacy policy enforcement action by various EU Member State data protection agencies (inter alia, France, Germany, Italy, the Netherlands and Spain) is chronicled, with lessons being …


Flawed Transparency: Shared Data Collection And Disclosure Challenges For Google Glass And Similar Technologies, Jonathan I. Ezor Oct 2013

Flawed Transparency: Shared Data Collection And Disclosure Challenges For Google Glass And Similar Technologies, Jonathan I. Ezor

Jonathan I. Ezor

Current privacy law and best practices assume that the party collecting the data is able to describe and disclose its practices to those from and about whom the data are collected. With emerging technologies such as Google Glass, the information being collected by the wearer may be automatically shared to one or more third parties whose use may be substantially different from that of the wearer. Often, the wearer may not even know what information is being uploaded, and how it may be used. This paper will analyze the current state of U.S. law and compliance regarding personal information collection …


Federal Search Commission? Access, Fairness, And Accountability In The Law Of Search, Oren Bracha, Frank Pasquale Aug 2013

Federal Search Commission? Access, Fairness, And Accountability In The Law Of Search, Oren Bracha, Frank Pasquale

Frank A. Pasquale

Should search engines be subject to the types of regulation now applied to personal data collectors, cable networks, or phone books? In this article, we make the case for some regulation of the ability of search engines to manipulate and structure their results. We demonstrate that the First Amendment, properly understood, does not prohibit such regulation. Nor will such interventions inevitably lead to the disclosure of important trade secrets. After setting forth normative foundations for evaluating search engine manipulation, we explain how neither market discipline nor technological advance is likely to stop it. Though savvy users and personalized search may …