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Full-Text Articles in Law
Drone Invasion: Unmanned Aerial Vehicles And The Right To Privacy, Rebecca L. Scharf
Drone Invasion: Unmanned Aerial Vehicles And The Right To Privacy, Rebecca L. Scharf
Scholarly Works
Since the birth of the concept of a legally-recognized right to privacy in Samuel D. Warren and Louis D. Brandeis’ influential 1890 law review article, The Right to Privacy, common law – with the aid of influential scholars -- has massaged the concept of privacy torts into actionable claims. But now, one of the most innovative technological advancements in recent years, the unmanned aerial vehicle, or drone, has created difficult challenges for plaintiffs and courts navigating common law privacy tort claims.
This Article explores the challenges of prosecution of the specific privacy tort of intrusion into seclusion involving non-governmental use …
Florida Law, Mobile Research Applications, And The Right To Privacy, Stacey A. Tovino
Florida Law, Mobile Research Applications, And The Right To Privacy, Stacey A. Tovino
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This Article investigates whether state law contains comprehensive privacy, security, and breach notification standards that could apply to independent scientists who conduct mobile app mediated health research. Focusing only on Florida law, this Article assesses potentially relevant and applicable sources of privacy, security, and breach notification standards for health data of the type obtained during mobile app mediated health research studies. This Article concludes that, with one exception, Florida law tends to fall into one of two categories: (1) the law contains at least one data privacy, security, or breach notification standard, but the standard is limited in application to …
A Timely Right To Privacy, Stacey A. Tovino
A Timely Right To Privacy, Stacey A. Tovino
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On December 28, 2017, the federal Department of Health and Human Services ("HHS") settled its fiftieth case involving potential violations of the privacy, security, and breach notification rules ("Rules") that implement the Health Insurance Portability and Accountability Act ("HIPAA") and the Health Information Technology for Economic and Clinical Health Act ("HITECH"). This Article catalogues and examines currently available enforcement actions involving the HIPAA and HITECH Rules, including the cases in which HHS has entered into a settlement agreement with a HIPAA covered entity or business associate, the cases in which HHS has imposed a civil money penalty on a HPAA …
Going Rogue: Mobile Research Applications And The Right To Privacy, Stacey A. Tovino
Going Rogue: Mobile Research Applications And The Right To Privacy, Stacey A. Tovino
Scholarly Works
This Article investigates whether nonsectoral state laws may serve as a viable source of privacy and security standards for mobile health research participants and other health data subjects until new federal laws are created or enforced. In particular, this Article (1) catalogues and analyzes the nonsectoral data privacy, security, and breach notification statutes of all fifty states and the District of Columbia; (2) applies these statutes to mobile-app-mediated health research conducted by independent scientists, citizen scientists, and patient researchers; and (3) proposes substantive amendments to state law that could help protect the privacy and security of all health data subjects, …