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Articles 31 - 38 of 38
Full-Text Articles in Law
Privacy Wrongs In Search Of Remedies, Joel R. Reidenberg
Privacy Wrongs In Search Of Remedies, Joel R. Reidenberg
Faculty Scholarship
The American legal system has generally rejected legal rights for data privacy and relies instead on market self-regulation and the litigation process to establish norms of appropriate behavior in society. Information privacy is protected only through an amalgam of narrowly targeted rules. The aggregation of these specific rights leaves many significant gaps and fewer clear remedies for violations of fair information practices. With an absence of well-established legal rights, privacy wrongs are currently in search of remedies. This Article first describes privacy rights and wrongs that frame the search for remedies in the United States. It explores public enforcement of, …
An Equity Paradigm For Preventing Genetic Discrimination, Anita Silvers, Michael Ashley Stein
An Equity Paradigm For Preventing Genetic Discrimination, Anita Silvers, Michael Ashley Stein
Faculty Publications
No abstract provided.
An Overview Of Canadian Privacy Law For Pharmaceutical And Device Manufacturers Operating In Canada, Erika Lietzan, John K. Fuson
An Overview Of Canadian Privacy Law For Pharmaceutical And Device Manufacturers Operating In Canada, Erika Lietzan, John K. Fuson
Faculty Publications
On April 13, 2000, the Canadian Parliament enacted by Royal Assent the Personal Information Protection and Electronic Documents Act (PIPEDA). The Act requires private organizations to comply with a code of “fair information practice,” which mandates individual consent for the collection, use, and disclosure of personal information. PIPEDA complements the Federal Privacy Act, which places similar obligations on government institutions. On January 1, 2002, the Act began to apply to personal information (including personal health information) collected, used, or disclosed by a federal work, undertaking, or business, and personal information (including personal health information) disclosed by any organization for consideration …
The Push To Private Religious Expression: Are We Missing Something?, Kathleen A. Brady
The Push To Private Religious Expression: Are We Missing Something?, Kathleen A. Brady
Fordham Law Review
No abstract provided.
Access And Aggregation: Privacy, Public Records, And The Constitution, Daniel J. Solove
Access And Aggregation: Privacy, Public Records, And The Constitution, Daniel J. Solove
GW Law Faculty Publications & Other Works
In this article, Professor Solove develops a theory to reconcile the tension between transparency and privacy in the context of public records. Federal and state governments maintain public records containing personal information spanning an individual's life from birth to death. The web of state and federal regulation that governs the accessibility of these records generally creates a default rule in open access to information. Solove contends that the ready availability of public records creates a significant problem for privacy because various bits of information when aggregated paint a detailed portrait of a person's life that Solove refers to as a …
Conceptualizing Privacy, Daniel J. Solove
Conceptualizing Privacy, Daniel J. Solove
GW Law Faculty Publications & Other Works
In this Article, Professor Solove develops a new approach for conceptualizing privacy. He begins by examining the existing discourse about conceptualizing privacy, exploring the conceptions of a wide array of jurists, legal scholars, philosophers, psychologists, and sociologists. Solove contends that the theories are too narrow or too broad. With a few exceptions, the discourse seeks to conceptualize privacy by isolating one or more common essential or core characteristics of privacy. Expounding upon Ludwig Wittgenstein's notion of family resemblance, Solove contends that privacy is better understood as drawing from a common pool of similar characteristics. Rather than search for an overarching …
Digital Dossiers And The Dissipation Of Fourth Amendment Privacy, Daniel J. Solove
Digital Dossiers And The Dissipation Of Fourth Amendment Privacy, Daniel J. Solove
GW Law Faculty Publications & Other Works
In this article, Professor Solove examines the increasing information flow from the private sector to the government, especially in light of the response to September 11, 2001. In today's Information Age, private sector entities are gathering an unprecedented amount of personal information about individuals, and the data is increasingly being accessed by government law enforcement officials. This government information gathering takes place outside the bounds of the Fourth Amendment, since the Supreme Court held in Smith v. Maryland and United States v. Miller that the Fourth Amendment does not apply to records held by third parties. Law enforcement officials can, …
Patient's Rights In Front Of The Automated Processing Of Personal Data For Medical Purposes : Conditions For An Alliance Between Technology, Privacy And Health, Jean Herveg, Marie-Noelle Verhaegen, Yves Poullet
Patient's Rights In Front Of The Automated Processing Of Personal Data For Medical Purposes : Conditions For An Alliance Between Technology, Privacy And Health, Jean Herveg, Marie-Noelle Verhaegen, Yves Poullet
Jean HERVEG
No abstract provided.