Law Commons^™

Navigating The Nexus: Competition Law, Data Privacy, And Regulatory Challenges In The Digital Economy, Aalaa Tarek El Gohary

Theses and Dissertations

Competition law and data privacy meet at a crucial point in the growing digital economy, making it essential to delve into their intricate relationship. This thesis investigates how competition law and data protection law interact within the digital market. It examines how data protection regulations influence market dynamics and competition, and how competition law affects data processing and individual rights during the digital transformation. By thoroughly exploring key themes, such as historical context, current challenges, and regulatory responses, this research aims to shed light on the changing regulatory landscape and its impact on future frameworks in the digital era. The …

Privacy Purgatory: Why The United States Needs A Comprehensive Federal Data Privacy Law, Emily Stackhouse Taetzsch

Journal of Legislation

No abstract provided.

Keep Your Fingerprints To Yourself: New York Needs A Biometric Privacy Law, Brendan Mcnerney

St. John's Law Review

(Excerpt)

Imagine walking into a store, picking something up, and just walking out. No longer is this shoplifting, it is legal. In 2016, Amazon introduced their “Just Walk Out” technology in Seattle. “Just Walk Out” uses cameras located throughout the store to monitor shoppers, document what they pick up, and automatically charge that shoppers’ Amazon account when they leave the store. Recently, Amazon started selling “Just Walk Out” technology to other retailers. Since then, retailers have become increasingly interested in collecting and using customers’ “biometric identifiers and information.” Generally, “biometrics” is used to refer to “measurable human biological and behavioral …

Complying With New And Existing Biometric Data Privacy Laws, Ariel Latzer

The Journal of Business, Entrepreneurship & the Law

After providing an overview of the history behind biometric information, this article will discuss the Illinois Biometric Privacy Act (BIPA)—which laid the foundation for biometric privacy regulations in the United States—and then discuss the California Consumer Privacy Act (CCPA) and its amendments in the California Privacy Rights Act (CPRA). It will also briefly touch on biometric information regulations in other states and then delve into how some notable companies are currently using individuals’ biometric information to give readers a general idea of what is happening to their personal information and highlight areas businesses should take note of in order to …

Semantics And Sin Tax: Maintaining Autonomy In The Age Of Hyper-Personalization, Stephen Kohn

Mitchell Hamline Law Review

No abstract provided.

Privacy Peg, Trade Hole: Why We (Still) Shouldn’T Put Data Privacy In Trade Law, Margot E. Kaminski, Kristina Irion, Svetlana Yakovleva

Publications

No abstract provided.

Do We Own What We Post?: The Fundamental Property Right To Destroy Your Presence On The Internet, Olivia Shangrow

Seattle University Law Review

This Note will explore the well-established right to destroy your own property and how such a fundamental right can and should be applied to our online property to develop more protective data privacy legislation. Part I highlights the longstanding pillar of property law establishing a right to destroy one’s property, and how that can and should be applied to your digital identity. Part II will discuss the ambiguity of personal data ownership online and the ill effects resulting from the lack of control of our personal information on the Internet. Part III examines the current state of data privacy legislation …

How The World's Largest Economies Regulate Data Privacy: Drawbacks, Benefits, & Proposed Solutions, Alexander J. Pantos

Indiana Journal of Global Legal Studies

National data privacy regimes are quickly gaining traction and ubiquity around the globe. Moving forward, countries will face a range of difficult decisions surrounding how best to engage internationally in cross border data flow, particularly in the context of personal information (PI).

This article takes a bird's-eye view of the current state of data privacy regimes in the world's four highest GDP regions. In part, this article hopes to provide a succinct analysis of these data privacy regimes, with a focus on the balance they strike between granting individuals rights in their data and placing responsibilities on businesses that deal …

Agriculture & Data Privacy: I Want A Hipaa(Potamus) For Christmas . . . Maybe, Jennifer Zwagerman

Texas A&M Law Review

Technology advancements make life, work, and play easier and more enjoyable in many ways. Technology issues are also the cause of many headaches and dreams of living out the copier destruction scene from the movie “Office Space.” Whether it be user error or technological error, one key technology issue on many minds right now is how all the data produced every second of every day, in hundreds of different ways, is used by those that collect it.

How much data are we talking about here? In 2018, the tech company Domo estimated that by 2020 “1.7 MB of data will …

Handle With Care: Domestic Violence Safety Planning In The Age Of Data Privacy Laws, Jenny Wu

Seattle Journal of Technology, Environmental & Innovation Law

The United States has been patiently waiting for a comprehensive federal data privacy law to protect consumers. However, strong data privacy laws can also protect a less thought-about group: survivors of domestic violence and intimate partner violence. As new technology proliferates into our daily lives, technology-based abuse is quickly becoming a common form of intimate partner abuse. Domestic violence survivors and advocates have to stay extra vigilant about who has access to their internet data. Needing to understand technology-specific safety measures and learn technology-literacy skills adds more work to already overwhelmed domestic violence advocates and survivors. Could the law serve …

The Impact Of Schrems Ii: Next Steps For U.S. Data Privacy Law, Andraya Flor

Notre Dame Law Review

Schrems II invalidated Privacy Shield because the court found that it did not provide an “essentially equivalent” level of protection compared to the guarantees of the GDPR. The National Security Agency (NSA) operated surveillance programs that had the potential to infringe on the rights of EU subjects, and there was a lack of oversight and effective judicial remedies to protect rights of EU data subjects, which undermined Privacy Shield as a mechanism for data transfers. This Note sets aside the surveillance and national security issue, which would require resolution through a shift in overall U.S. national security law, and instead …

Data Autonomy, Cesare Fracassi, William Magnuson

Faculty Scholarship

In recent years, “data privacy” has vaulted to the forefront of public attention. Scholars, policymakers, and the media have, nearly in unison, decried the lack of data privacy in the modern world. In response, they have put forth various proposals to remedy the situation, from the imposition of fiduciary obligations on technology platforms to the creation of rights to be forgotten for individuals. All these proposals, however, share one essential assumption: we must raise greater protective barriers around data. As a scholar of corporate finance and a scholar of corporate law, respectively, we find this assumption problematic. Data, after all, …

Chinese Technology Platforms Operating In The United States: Assessing The Threat (Originally Published As A Joint Report Of The National Security, Technology, And Law Working Group At The Hoover Institution At Stanford University And The Tech, Law & Security Program At American University Washington College Of Law), Gary Corn, Jennifer Daskal, Jack Goldsmith, Chris Inglis, Paul Rosenzweig, Samm Sacks, Bruce Schneier, Alex Stamos, Vincent Stewart

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Second Thoughts On Fda's Covid-Era Mental Health App Policy, Michael Mattioli

Articles by Maurer Faculty

As the coronavirus pandemic swept across the globe in April 2020, the US Food and Drug Administration (FDA) made an unusual decision. The agency announced that it would relax its enforcement of compliance rules for “digital therapeutics”—smartphone apps designed to address mental health disorders. The measure was a response to widely reported upticks in symptoms of anxiety, depression, and substance abuse brought on by the pandemic. As an added benefit, the agency explained, digital therapeutics could promote social distancing by removing patients’ need to visit health care providers.

This essay explores the possible lasting effects of the FDA’s temporary suspension …

The Balkanization Of Data Privacy Regulation, Fernanda G. Nicola, Oreste Pollicino

West Virginia Law Review

No abstract provided.

The First Amendment And Data Privacy: Securing Data Privacy Laws That Withstand Constitutional Muster, Kathryn Peyton

Pepperdine Law Review

Given the growing ubiquity of digital technology’s presence in people’s lives today, it is becoming increasingly more necessary to secure data privacy protections. People interact with technology constantly, ranging from when engaging in business activates, such as corresponding through emails or doing research online, to more innocuous activities like driving, shopping, or talking with friends and family. The advances in technology have made possible the creation of digital trails whenever someone interacts with such technology. Companies aggregate data from data trails and use predictive analytics to create detailed profiles about citizen-consumers. This information is typically used for profit generating purposes. …

A Dangerous Inheritance: A Child’S Digital Identity, Kate Hamming

Seattle University Law Review

This Comment begins with one family’s story of its experience with social media that many others can relate to in today’s ever-growing world of technology and the Internet. Technology has made it possible for a person’s online presence to grow exponentially through continuous sharing by other Internet users. This ability to communicate and share information amongst family, friends, and strangers all over the world, while beneficial in some regard, comes with its privacy downfalls. The risks to privacy are elevated when children’s information is being revealed, which often stems from a child’s own parents conduct online. Parents all over the …

The Future Of Facial Recognition Is Not Fully Known: Developing Privacy And Security Regulatory Mechanisms For Facial Recognition In The Retail Sector, Elias Wright

Fordham Intellectual Property, Media and Entertainment Law Journal

In recent years, advances in facial recognition technology have resulted in a rapid expansion in the prevalence of private sector biometric technologies. Facial recognition, while providing new potentials for safety and security and personalized marketing by retailers implicates complicated questions about the nature of consumer privacy and surveillance where a “collection imperative” incentivize corporate actors to accumulate increasingly massive reservoirs of consumer data. However, the law has not yet fully developed to address the unique risks to consumers through the use of this technology. This Note examines existing regulatory mechanisms, finding that consumer sensitivities and the opaque nature of the …

Saving Face: Unfolding The Screen Of Chinese Privacy Law, Tiffany Li, Jill Bronfman, Zhou Zhou

Faculty Scholarship

Privacy is often a subjective value, taking on meaning from specific social, historical, and cultural contexts. Western privacy scholars have so far generally limited academic study to focus on Western ideals of privacy. However, privacy – or some notion of it – can be found in almost every culture and every nation, including the growing economic powerhouse that is the People’s Republic of China. Focusing on China as a case study of non-Western privacy norms is important today, given the rapid rise of the Chinese economy and its corresponding impact on worldwide cultural norms and law. Simply put, it is …

The Tortoise And The Hare Of International Data Privacy Law: Can The United States Catch Up To Rising Global Standards?, Matthew Humerick

Catholic University Journal of Law and Technology

Technological developments spur the development of big data on a global scale. The breadth of data companies collect, maintain, process, and transmit affects nearly every country and organization around the world. Inherent to big data are issues of data protection and transfers to third countries. While many jurisdictions emphasize the importance of protecting consumer data, such as the European Union, others, like the United States, do not. To circumvent this issue, the United States and European Union contracted around data privacy standard discrepancies through the Safe Harbor Agreement, which eased cross-border data transfers. However, the Court of Justice of the …

Alexa, Who Owns My Pillow Talk? Contracting, Collaterizing, And Monetizing Consumer Privacy Through Voice-Captured Personal Data, Anne Logsdon Smith

Catholic University Journal of Law and Technology

With over one-fourth of households in the U.S. alone now using voice-activated digital assistant devices such as Amazon’s Echo (better known as “Alexa”) and Google’s Home, companies are recording and transmitting record volumes of voice data from the privacy of people’s homes to servers across the globe. These devices capture conversations about everything from online shopping to food preferences to entertainment recommendations to bedtime stories, and even phone and appliance use. With “Big Data” and business analytics expected to be a $203 billion-plus industry by 2020, companies are racing to acquire and leverage consumer data by selling it, licensing it, …

Testimony @ House Energy And Commerce Subcommittee On Digital Commerce And Consumer Protection Hearing; "21st Century Trade Barriers: Protectionist Cross Border Data Flow Policies Impact On U.S. Jobs.", Jennifer Daskal

Jennifer Daskal

Brief Of Amici Curiae Electronic Privacy Information Center (Epic) And Thirty-Six Technical Experts And Legal Scholars In Support Of Petitioner.Pdf, Jennifer Daskal

Jennifer Daskal

Wearable Fitness Devices: Personal Health Data Privacy In Washington State, Steven Spann

Seattle University Law Review

Private entities are increasingly targeting individuals in the United States and around the world to gather personal data for such purposes as product development, market identification, and insurance risk assessment. While credit card records and online browsing histories have long been the medium through which this data is gathered, in more recent years, wearable fitness devices have added a new dimension to data production and collection. These devices are capable of gathering a significant amount of data regarding a person’s physical and physiological characteristics, thereby exposing these data producers to personal privacy infringement. Washington State lawmakers and citizens must be …

A Comprehensive Empirical Study Of Data Privacy, Trust, And Consumer Autonomy, Jay P. Kesan, Carol M. Hayes, Masooda N. Bashir

Indiana Law Journal

Modern society is driven by data. Data storage is practically unlimited with today’s technology, and analytical tools make it easy to find patterns and make predictions in a way that is very useful for private businesses and governments. These uses of digital data can raise considerable privacy issues that are of great concern to consumers. In this Article, we present and analyze the results of an extensive survey that we conducted to explore what people know, what people do, and what people want when it comes to privacy online.

Our survey is the first comprehensive examination of the intersection of …

The Need For An International Convention On Data Privacy: Taking A Cue From The Cisg, Morgan Corley

Brooklyn Journal of International Law

In light of the invalidation of the U.S.-EU Safe Harbor, along with the increase in sales of personal data as a commodity, data privacy has become a major concern amongst different nations. The lack of harmonization of data-privacy laws around the world continues to pose obstacles to the free flow of data across national borders. The free flow of data is, nonetheless, essential the international economy. As a result, nations continue to work together to try to create mechanisms by which data can be transferred across borders in a secure manner. This Note examines the current state of data-privacy law …

Data Privacy Regulation In The Age Of Smartphones, Matthew Hettrich

Touro Law Review

No abstract provided.

Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini

Seattle University Law Review

Of all the smartphone uses, the calling function is probably used the least. Rather, individuals more commonly use their smartphone for surfing the web, checking Facebook, and playing games. Highlighting the “smart” in smartphone, these phones often know more about their users’ daily activities than the users. Without requiring any sort of input, smartphones can tell the user how many steps they walk each day, when it is time to leave for work (also, of course, determining the traveling time with the most up-to-date traffic reports), and when an item recently ordered on Amazon will be delivered. Smartphone users may …

Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner

Seattle University Law Review

This Note aims to show that legal structures created to protect the Internet in its original form are completely insufficient to protect what the Internet has become. This antiquated legal framework is exacerbating the problem. The breadth of activity that the current law restricts severely limits the remedies that cyberattack victims can pursue, and it must be updated. While full hack-back may prove necessary in the long run, I argue for a more temperate initial response to the problem—I call this response “authorized investigation.” Specifically, the Computer Fraud and Abuse Act should be amended to allow victims access to their …