Law Commons^™

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 …

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 …

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 …

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 …