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Privacy Law Commons

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Articles 1 - 5 of 5

Full-Text Articles in Privacy Law

Ministerial Misfeasance: R. V. Morris And A Unique Early Privacy Breach, Barry Cahill Oct 2009

Ministerial Misfeasance: R. V. Morris And A Unique Early Privacy Breach, Barry Cahill

Dalhousie Law Journal

According to Klein &Kratchanov (Government Information: The Right to Information and Protection of Privacy in Canada, 2nd ed., 2009), "there is one reported case of a successful private prosecution for violation of an access statute through the unauthorized release of personal information. The matter arose under a former Nova Scotia Act and resulted in a modest fine being imposed against a Minister of the Crown who had disclosed information about the complainant." What follows is a close, contextual study of a case unique in the short history of privacy law in Canada, from the perspective of the thirty-year development of …


Best Practices And The State Of Information Security, Kevin Cronin Jun 2009

Best Practices And The State Of Information Security, Kevin Cronin

Chicago-Kent Law Review

The forces of globalization, together with widely available industry standards and best practices, and heightened state legislative activity, are driving the U.S. towards a more unified approach to data security. But the success of this unified approach requires more than free market efficiency and innovation. In order to maintain a state of evolutionary equilibrium in the global information economy, the U.S. must move from a fragmented approach towards data security and privacy standards, towards a more comprehensive set of standards with new penalties and effective enforcement, to better reflect the inherent value of personal data in today's global marketplace.


Coding Privacy, Lilian Edwards Jun 2009

Coding Privacy, Lilian Edwards

Chicago-Kent Law Review

Lawrence Lessig famously and usefully argues that cyberspace is regulated not just by law but also by norms, markets and architecture or "code." His insightful work might also lead the unwary to conclude, however, that code is inherently anti-privacy, and thus that an increasingly digital world must therefore also be increasingly devoid of privacy. This paper argues briefly that since technology is a neutral tool, code can be designed as much to fight for privacy as against it, and that what matters now is to look at what incentivizes the creation of pro- rather than anti-privacy code in the mainstream …


Privacy, Accountability, And The Cooperating Defendant: Towards A New Role For Internet Access To Court Records, Caren M. Morrison Apr 2009

Privacy, Accountability, And The Cooperating Defendant: Towards A New Role For Internet Access To Court Records, Caren M. Morrison

Vanderbilt Law Review

Now that federal court records are available online, anyone can obtain criminal case files instantly over the Internet. But this unfettered flow of information is in fundamental tension with many goals of the criminal justice system, including the integrity of criminal investigations, the accountability of prosecutors, and the security of witnesses. It has also altered the behavior of prosecutors intent on protecting the identity of cooperating defendants who assist them in investigating other targets. As prosecutors and courts collaborate to obscure the process by which cooperators are recruited and rewarded, Internet availability risks degrading the value of the information obtained …


The Facebook Frontier: Responding To The Changing Face Of Privacy On The Internet, Samantha L. Millier Jan 2009

The Facebook Frontier: Responding To The Changing Face Of Privacy On The Internet, Samantha L. Millier

Kentucky Law Journal

No abstract provided.