Law Commons^™

Protecting Your Personal Privacy: A Self-Help Guide For Judges And Their Families (2006), Chicago Bar Association’S Privacy Task Force, John Marshall Law School Center For Information Technology & Privacy Law, Leslie Ann Reis

UIC Law White Papers

“I believe that the Internet is a brave new world in the matter of judicial security.” – Testimony of Joan H. Lefkow, United States District Judge, before the Judiciary Committee of the United States Senate (May 18, 2005).

Your personal information may be no farther away than a mouse-click... Your name, locations of your home and workplace, your phone number and email address, details of your family members, your political leanings and many more pieces of information are available through a wide array of public and private sources. But, this is nothing new. Some personal information about you has always …

What We Talk About When We Talk About Workplace Privacy, Anita Bernstein

Faculty Scholarship

No abstract provided.

No Direction Home: Will The Law Keep Pace With Human Tracking Technology To Protect Individual Privacy And Stop Geoslavery, William A. Herbert

Publications and Research

Increasingly, public and private employers are utilizing human tracking devices to monitor employee movement and conduct. Due to the propensity of American labor law to give greater weight toemployer property interests over most employee privacy expectations, there are currently few limitations on the use of human tracking in employment. The scope and nature of current legal principles regarding individual privacy are not sufficient to respond to the rapid development and use of human tracking technology. The academic use of the phrase “geoslavery” to describe the abusive use of such technology underscores its power. This article examines the use of such …

Milky Way And Andromeda: Privacy, Confidentiality And Freedom Of Expression, George S. S. Wei

Research Collection Yong Pung How School Of Law

This article examines the extent to which the law of confidence protects private personal information. In the UK, much of the impetus for greater protection comes from the European Convention on the Protection of Human Rights and Fundamental Freedoms. How privacy and freedom of expression are to be balanced either within the law of confidence or through the development of a new tort of privacy is a question that has given rise to much discussion in the courts and elsewhere. Developments in this area are the focus of this article together with the issue as to whether similar developments might …

A Privacy Right To Public Recognition Of Family Relationships - The Cases Of Marriage And Adoption, David D. Meyer

Faculty Scholarship

No abstract provided.

What Nsa Is Doing . . . And Why It's Illegal, John Cary Sims

McGeorge School of Law Scholarly Articles

No abstract provided.

Internet Cookies: When Is Permission Consent?, Max Oppenheimer

All Faculty Scholarship

No abstract provided.

Revisiting The American Action For Public Disclosure Of Facts, Brian C. Murchison

Scholarly Articles

None available.

Lost In Translation? Data Mining, National Security And The Adverse Inference Problem, Anita Ramasastry

Articles

To the extent that we permit data mining programs to proceed, they must provide adequate due process and redress mechanisms that permit individuals to clear their names. A crucial criteria for such a mechanism is to allow access to information that was used to make adverse assessments so that errors may be corrected. While some information may have to be kept secret for national security purposes, a degree of transparency is needed when individuals are trying to protect their right to travel or access government services free from suspicion.

Part II of this essay briefly outlines the government's ability to …

Hipaa-Cracy, Carl E. Schneider

Articles

The Department of Health and Human Services has recently been exercising its authority under the (wittily named) "administrative simplification" part of the Health Insurance Portability and Accountability Act to regulate the confidentiality of medical records. I love the goal; I loathe the means. The benefits are obscure; the costs are onerous. Putatively, the regulations protect my autonomy; practically, they ensnarl me in red tape and hijack my money for services I dislike. HIPAA (a misnomer-HIPAA is the statute, not the regulations) is too lengthy, labile, complex, confused, unfinished, and unclear to be summarized intelligibly or reliably. (Brevis esse laboro, …

A Feeling Of Unease About Privacy Law, Ann Bartow

Law Faculty Scholarship

This essay responds to Daniel Solove's recent article, A Taxonomy of Privacy. I have read many of Daniel Solove's privacy-related writings, and he has made many important scholarly contributions to the field. As with his previous works about privacy and the law, it is an interesting and substantive piece of work. Where it falls short, in my estimation, is in failing to label and categorize the very real harms of privacy invasions in an adequately compelling manner. Most commentators agree that compromising a person's privacy will chill certain behaviors and change others, but a powerful list of the reasons why …

Consumer Privacy And Radio Frequency Identification Technology, Teresa Scassa, Theodore Chiasson, Michael Deturbide, Anne Uteck

Articles, Book Chapters, & Popular Press

Radio Frequency ID tags are poised to replace the UPC barcode as a mechanism for inventory control in the wholesale and retail contexts. Yet the tiny chips offer a range of potential uses that go beyond the bar code. In this paper the authors define RFID technology and its applications. They explore the privacy implications of this technology and consider recent attempts in the U.S. and European Union to grapple with the privacy issues raised by the deployment of RFIDs at the retail level. The authors then consider the extent to which Canada's Personal Information Protection and Electronic Documents Act …

Remembering The Public Domain, Christine Galbraith Davik

Faculty Publications

Rapid advances in communication technology over the past decade have resulted in the previously unimaginable ability to seamlessly exchange ideas and data on a global basis. Nonetheless, despite the undeniable progress that has been made, access to information is ironically becoming progressively more. This is due in large part to the fact that resources which belong in the public domain are increasingly being transformed into private property. The carefully balanced provisions of copyright law are gradually becoming displaced by contractual, technological, and legislative constraints that allow for the tight control of access to and use of the materials in question. …

Privacy Law In The New Millennium: A Tribute To Richard C. Turkington, Gregory P. Magarian

Scholarship@WashULaw

At least since Louis Brandeis and Samuel Warren's seminal 1890 article "The Right to Privacy,"' the idea of privacy has sparked some of the most significant and contentious debates in American law. Over the past three decades, Richard Turkington focused his formidable intellect on enriching those debates. Dick's untimely passing in 2004 deprived those of us who knew and worked with him of a treasured friend and a brilliant colleague. The broader legal profession lost a visionary. Probably more than any other scholar of his generation, Dick was responsible for expanding and deepening our understanding of the essential, sometimes elusive, …

Patients And Biobanks, Ellen Wright Clayton

Vanderbilt Law School Faculty Publications

The question about the privacy of medical information can be stated simply: To what extent can and should patients control what the medical record contains and who has access to it and for what purposes? Patients often have apparently conflicting views on this subject. On the one hand, we, as patients, say that we prize privacy and that we fear that information will be used to harm us. On the other hand, we value the benefits that come from improved communication among providers, such as having our visits covered by third party payers and advances in medical science, which often …

Beyond Lawrence: Metaprivacy And Punishment, Jamal Greene

Faculty Scholarship

Lawrence v. Texas remains, after three years of precedential life, an opinion in search of a principle. It is both libertarian – Randy Barnett has called it the constitutionalization of John Stuart Mill's On Liberty – and communitarian – William Eskridge has described it as the gay rights movement's Brown v. Board of Education. It is simultaneously broad, in its evocation of our deepest spiritual commitments, and narrow, in its self-conscious attempts to avoid condemning laws against same-sex marriage, prostitution, and bestiality. This Article reconciles these competing claims on Lawrence's jurisprudential legacy. In Part I, it defends the …