Law Commons^™

“Take Your Pictures, Leave Your (Digital) Footprints”: Increasing Privacy Protections For Children On Social Media, Kodie Mcginley

Golden Gate University Law Review

As the digital sphere becomes more prevalent in people’s lives, Congress has tried to keep up. First created in 1998, the Children’s Online Privacy Protection Act (COPPA) requires operators of websites directed at children to obtain consent from parents before collecting any personal information from children. COPPA also requires that operators take reasonable measures to protect the confidentiality of any personal information collected about children. Although COPPA has helped regulate online spaces, its focus is on regulating websites that collect personal information directly from children. This focus leaves a gap in the law that ignores personal data shared on social …

How General Data Protection Regulation Advances And Harmonizes The International Controller, Processor And Data Subject Contracts, Azam Zarechahoki

Theses and Dissertations

In the technology and digital era, data is used daily by all businesses including insurance companies, banks, and social media sites. Many companies are involved in processing individuals’ data and data could easily be transferred from one website to another which might be in another country. In fact, there are no borders in cyberspace. Generally, personal data refers to any information relating to individuals including name, address, and credit card numbers. In the cyber environment, it is challenging for people to take control of their personal information and avoid being tracked online. Data protection law is the safeguard to protect …

Biometric Data Collection: Market Necessity Or Unconstitutional Overkill?, Thomas Langtry

GGU Law Review Blog

Congress should pass, and the President should sign into law, the National Biometric Information Privacy Act of 2020 (National BIPA). Introduced by Senators Jeff Merkley (D-OR) and Bernie Sanders (I-VT), this bill limits the ability of private entities to collect biometric data and requires them to ensure the privacy and security of data they do collect. Unlike most federal regulatory legislation, it also provides for a private right of action through which individuals can seek meaningful remedies.

Critics argue that the bill will deprive consumers of online shopping services and convenient digital security, and that employers and retailers may retaliate …

Employee Privacy Rights While Working From Home, Kourtney Speer

GGU Law Review Blog

Over the past few decades and especially under the circumstances of the COVID-19 pandemic, there has been a merger of office and home life. More and more employees are working from home. By bringing work home, employees may be unknowingly bringing a diminished expectation of privacy inside their home as well.

Patel V. Facebook, Inc.: The Collection, Storage, And Use Of Biometric Data As A Concrete Injury Under Bipa, Jessica Robles

Golden Gate University Law Review

Facebook, Inc. (“Facebook”) amassed one of the most extensive facial- template databases in the world through the use of facial-recognition technology. However, Facebook is not alone; both private and public sector entities are heavily investing in improving their facial-identification technology. Facial geometry data are unique to each person and can be used to identify an individual. Once a facial image has been captured and stored in a facial-template database, “the individual has no recourse” because one cannot change facial geometry as quickly as a password or a social security number.

Although companies may use facial-recognition technology for valid purposes, uses …

2015-2016 Legislative Summary, Assembly Committee On Privacy And Consumer Protection

California Agencies

No abstract provided.

Do-It-Yourself Privacy: The Need For Comprehensive Federal Privacy Legislation With A Private Right Of Action, Alec Wheatley

Golden Gate University Law Review

This Comment will argue that there is a significant gap in federal privacy law that must be addressed. New federal legislation is needed to fill this gap and would be preferable to a mishmash of potentially conflicting state laws currently in development that will make compliance more difficult for companies that do business online. The incorporeal nature of the Internet also cuts against relying on state legislation, because it makes it difficult to determine the proper jurisdiction for a claimed privacy violation, creating complex choice-of-law disputes.

Youtube Kids – Luring Kids In, One App At A Time, Courtney Serrato

GGU Law Review Blog

Whether you’re an overnight sensation like Justin Bieber or you’re uploading a tutorial on how to apply the perfect make up; YouTube has become the go‑to site for watching all the hottest videos. Technologically speaking, the cyber world has significantly changed over the years, especially with the Internet now being easily accessible from mobile devices. But the most alarming and overlooked trend is the ubiquitous use of the Internet by children.

Today, children use iPhones, tablets and computers to access the Internet as early as three years‑old. With the amount of time children spend online, some have become skilled navigators. …

Celebrity Nude Photo Leak: Just One More Reminder That Privacy Does Not Exist Online And Legally, There’S Not Much We Can Do About It, Laurel O'Connor

GGU Law Review Blog

No abstract provided.

More Than Meets The Eye With New Google Contact Lenses, Alec Wheatley

GGU Law Review Blog

Technology informs privacy. This is the lesson we relearn every time a company puts out a new product that changes the way we interact with the world and each other. The recent disclosure of Google’s filings with the United States Patent and Trademark Office last year for a contact-embedded “image capture component” (read: camera) caused a flurry of commentary by privacy hawks and tech fans alike.

This raises the question: if the contacts are invisible to others so that it’s impossible to know if someone is wearing them, how can you know if they are being used to record you …

Location, Location, Location: Updating The Electronic Communications Privacy Act To Protect Geolocational Data, Alexandra D. Vesalga

Golden Gate University Law Review

This Comment is concerned with the Electronic Communications Privacy Act’s (ECPA’s) failure to consistently protect the geolocational data associated with electronic communications. ECPA was crafted in 1986 to protect electronic communications, a fledgling technology at the time. Today, ECPA remains largely unchanged and still controls the government’s right to access individuals’ electronic communications. Senator Leahy, who originally drafted ECPA, has called for reform of the Act, stating that “today, this law is significantly outdated and out-paced by rapid changes in technology.” Senator Leahy has proposed significant changes to the Act that would eliminate many of its outmoded standards and offer …