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- Data breach; standing; data breach litigation; hacking; personal information; data theft; personally identifiable information; data breach notification; cybersecurity; law; policy; third party cyber liability (1)
- European Union; EU; Brazil; GDPR; General Data Protection Regulation; LGPD; privacy regulation (1)
- First Amendment; mask; mask wearing; Antifa; mask law doctrine; surveillance; free speech; free expression; law; policy (1)
- GDPR; California Consumer Privacy Act; CCPA; European Union; Facebook; Amazon; Google; Internet; Social Media; data privacy; Cambridge Analytica; Congress (1)
- General Data Protection Regulation (1)
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- Genetic engineering; embryonic gene editing; Gene Manipulation; German law; Germany; Act for the Protection of Embryos; The Embryo Protection Act; CRISPR; assisted reproductive technology; designer babies; cloning; human cloning; Preimplantation Genetic Diagnoses; Foreign Law (1)
- Lei Geral de Proteção de Dados Pessoais; Michel Temer; data privacy; data privacy protection; data privacy law; ANDP; Autoridade Nacional de Proteção de Dados; privacy law; Brazilian Constitution; Consumer Code of Protection and Defense; CDC; Marco Civil Law of the Internet; enforcement mechanism; Latin America (1)
- Privacy health; health information; biotechnology; genetics; healthcare; protected health information; black box; abortion; law; policy; informational rights; genome; genomic sequencing; big data; genomic data (1)
- Privacy; data privacy; executive compensation; social media; social networks (1)
- Technology; cyber-surveillance; warfare; internet; authoritarian governments; authoritarianism; cyber warfare; cyber-surveillance warfare; human rights; non-state actors; International Code of Conduct for Private Security Service Providers; International Code of Conduct Association; ICoC; ICoCA; multinational enterprises; MNEs; mass surveillance; globalization; cyber torts; United Nations Guiding Principles of Business and Human Rights; Private Security Service Providers (1)
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Articles 1 - 9 of 9
Full-Text Articles in Law
The Clone Wars: The Right To Embryonic Gene Editing Under German Law, Keren Goldberger
The Clone Wars: The Right To Embryonic Gene Editing Under German Law, Keren Goldberger
Brooklyn Journal of International Law
Germany has the strictest genetic engineering laws in the world and bans virtually all kinds of embryonic gene editing. Since the invention of CRISPR, however, embryonic gene editing is more precise, and the possibilities of curing genetic diseases are more real than ever. This Note will argue for the right to embryonic gene editing through an analysis of German constitutional privacy and right to life jurisprudence. Ultimately, this Note argues for a right to procreate under German law that is backed by the state’s affirmative duty to encourage and protect life. When the technology is available, German Law should not …
“Hey Alexa, Do Consumers Really Want More Data Privacy?”: An Analysis Of The Negative Effects Of The General Data Protection Regulation, Katherine M. Wilcox
“Hey Alexa, Do Consumers Really Want More Data Privacy?”: An Analysis Of The Negative Effects Of The General Data Protection Regulation, Katherine M. Wilcox
Brooklyn Law Review
Recent news articles discuss the flooding of email inboxes with lengthy terms and condition updates, viral videos of Mark Zuckerberg’s public Cambridge Analytica hearing before Congress, and the phenomenon of internet advertisements appearing for items that consumers merely searched for on Google a day prior. Effective as of May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) established a framework that sets legal standards targeted at businesses and other data collectors to dramatically increase data privacy protections for citizens of the EU. Consumers, however, do not seem to appreciate these increased protections, as they rarely read the updated …
Increasing Lapses In Data Security: The Need For A Common Answer To What Constitutes Standing In A Data Breach Context, Aaron Benjamin Edelman
Increasing Lapses In Data Security: The Need For A Common Answer To What Constitutes Standing In A Data Breach Context, Aaron Benjamin Edelman
Journal of Law and Policy
As the number of data breaches continues to rise in the United States, so does the amount of data breach litigation. Many potential plaintiffs who suffered as victims of data breaches, however, find themselves in limbo regarding the issue of standing before a court because of a significant split on standing determinations amongst the federal circuit courts. Thus, while victims of data breaches oftentimes have their personal information fall into the hands of nefarious characters who intend to use the information to a victim’s detriment, that may not be enough to provide victims a right to sue in federal court …
Protecting Health Information In Utero: A Radical Proposal, Luke Isaac Haqq
Protecting Health Information In Utero: A Radical Proposal, Luke Isaac Haqq
Journal of Law and Policy
This Article introduces an underappreciated space in which protected health information (“PHI”) remains largely unprotected, a fact that will become only more problematic as clinical medicine increasingly turns to genomics. The past decade has seen significant advances in the prevention of birth defects, especially with the introduction of clinical preconception, prenatal, and neonatal genomic sequencing. Parental access to the results of embryonic and fetal clinical sequencing is critical to reproductive autonomy; results can provide parents with important considerations in determining whether to seek or avoid conception, as well as in deciding whether to carry a pregnancy to term. The information …
The Long Road Back To Skokie: Returning The First Amendment To Mask Wearers, Rob Kahn
The Long Road Back To Skokie: Returning The First Amendment To Mask Wearers, Rob Kahn
Journal of Law and Policy
When the Seventh Circuit upheld the First Amendment right of Nazis to march in Skokie, Illinois in 1978, the protection of mask wearers was not far behind. Since then, doctrinal paths have diverged. While the Supreme Court continues to protect hate speech, mask wearing has been increasingly placed outside First Amendment protection. This article seeks to get to the bottom of this doctrinal divergence by addressing the symbolic purposes of mask bans—rooted in repudiating the Ku Klux Klan—as well as the doctrinal steps taken over the past forty years to restrict the First Amendment claims of mask wearers. It also …
The Need For A Shared Responsibility Regime Between State And Non-State Actors To Prevent Human Rights Violations Caused By Cyber-Surveillance Spyware, Anna W. Chan
Brooklyn Journal of International Law
Technology has undoubtedly contributed to the field of human rights. Internet connection and a smartphone has enabled activists to call out political leaders, shine light on human atrocities and organize mass protests through social media platforms. This has resulted in many authoritarian governments spending large amounts of their resources to purchase cyber-surveillance spyware systems from multi-national corporations to closely monitor and track their citizens for any signs of dissidence. Such technology has enabled authoritarian regimes to commit human right violations ranging from invasion of privacy, arbitrary arrest, arbitrary detention, torture and even murder. Despite the uncovering of such questionable transactions …
Comparative Analysis Of The Eu’S Gdpr And Brazil’S Lgpd: Enforcement Challenges With The Lgpd, Abigayle Erickson
Comparative Analysis Of The Eu’S Gdpr And Brazil’S Lgpd: Enforcement Challenges With The Lgpd, Abigayle Erickson
Brooklyn Journal of International Law
In the wake of the adoption of the European Union’s General Data Protection Regulation (GDPR) in May 2018, other countries and jurisdictions have contemplated personal data privacy legislation. In August 2018, the former president of Brazil, Michel Temer, signed the country’s comprehensive data privacy regulation, Lei Geral de Proteção de Dados Pessoais (LGPD), into law. Temer, however, vetoed many of the enforcement provisions. Shortly before leaving office, Temer signed an executive order creating a regulatory agency as the bill initially called for, but situated the agency under executive control instead of creating a wholly independent agency. This Note provides a …
Mugshots And The Press-Privacy Dilemma, Amy Gajda
Mugshots And The Press-Privacy Dilemma, Amy Gajda
Faculty Scholarship
No abstract provided.
Pay For (Privacy) Performance: Holding Social Network Executives Accountable For Breaches In Data Privacy Protection, Lital Helman
Pay For (Privacy) Performance: Holding Social Network Executives Accountable For Breaches In Data Privacy Protection, Lital Helman
Brooklyn Law Review
Social networking has proliferated over the past years and is now being utilized by a large percentage of the world’s population. Social networks substantially contribute to enhanced speech, creativity, and communication. Yet, their practices of collecting and monetizing personal data of users pose severe privacy risks. Compelling social networks to internalize these risks is crucial for the healthy evolution of social networking. This article proposes a novel approach to address this challenge: to link executive compensation in social networking firms to the quality of data protection the company provides to its users. This proposal is different from other solutions that …