Law Commons^™

Individuals As Gatekeepers Against Data Misuse, Ying Hu

Michigan Technology Law Review

This article makes a case for treating individual data subjects as gatekeepers against misuse of personal data. Imposing gatekeeper responsibility on individuals is most useful where (a) the primary wrongdoers engage in data misuse intentionally or recklessly; (b) misuse of personal data is likely to lead to serious harm; and (c) one or more individuals are able to detect and prevent data misuse at a reasonable cost.

As gatekeepers, individuals should have a legal duty to take reasonable measures to prevent data misuse where they are aware of facts indicating that the person seeking personal data from them is highly …

Exploring Lawful Hacking As A Possible Answer To The "Going Dark" Debate, Carlos Liguori

Michigan Technology Law Review

The debate on government access to encrypted data, popularly known as the “going dark” debate, has intensified over the years. On the one hand, law enforcement authorities have been pushing for mandatory exceptional access mechanisms on encryption systems in order to enable criminal investigations of both data in transit and at rest. On the other hand, both technical and industry experts argue that this solution compromises the security of encrypted systems and, thus, the privacy of their users. Some claim that other means of investigation could provide the information authorities seek without weakening encryption, with lawful hacking being one of …

Healthy Data Protection, Lothar Determann

Michigan Technology Law Review

Modern medicine is evolving at a tremendous speed. On a daily basis, we learn about new treatments, drugs, medical devices, and diagnoses. Both established technology companies and start-ups focus on health-related products and services in competition with traditional healthcare businesses. Telemedicine and electronic health records have the potential to improve the effectiveness of treatments significantly. Progress in the medical field depends above all on data, specifically health information. Physicians, researchers, and developers need health information to help patients by improving diagnoses, customizing treatments and finding new cures.

Yet law and policymakers are currently more focused on the fact that health …