Law Commons^™

Attempts Towards A Zero-Sum Game: A Recurring Imbalance Between Individual Privacy And The Fourth Amendment, Christopher Netniss

Loyola of Los Angeles Entertainment Law Review

The digital era we live in today allows society to work, shop, socialize, and even monitor one’s health without having to leave the confines of one’s home. In a recent landmark privacy case, Carpenter v. United States, the individual privacy implications of the Fourth Amendment were strengthened when the Supreme Court held that the government must generally obtain a warrant before collecting more than six days of historical cell-site location information from a third-party service provider, like Verizon. Cell-site location information could implicate numerous Fourth Amendment concepts, such as the third-party doctrine, mosaic theory, and public exposure doctrine. Refusing to …

Actual Harm Means It Is Too Late: How Rosenbach V. Six Flags Demonstrates Effective Biometric Information Privacy Law, Chloe Stepney

Loyola of Los Angeles Entertainment Law Review

Technology is rapidly advancing, and the law is trying to keep up. While this challenge is not new, technological advancements are impacting privacy rights in unprecedented ways. Using a fingerprint to clock in at work or face identification to unlock a smartphone provides ease and convenience, but at what cost?

Currently, there is no federal law that regulates the collection, use, and storage of biometric information in the private sector. On a local level, three states have enacted laws that specifically address biometrics. Of those, the Biometric Information Privacy Act (BIPA) in Illinois provides the strongest protections for consumers, who …

The Dark Cloud Of Convenience: How The New Hipaa Omnibus Rules Fail To Protect Electronic Personal Health Information, Joyce L.T. Chang

Loyola of Los Angeles Entertainment Law Review

The 2013 Omnibus Rules (Rules) update to the Health Insurance Portability and Accountability Act (HIPAA) aims to increase the privacy of patient health information (PHI). Although there are increases in monetary penalty fees, there are still two major areas of weakness. First, the Rules fail to address the role of cloud storage technology. Traditionally, PHI was physically stored on-site the medical offices. However, the trend of outsourcing PHI storage to cloud computing creates a huge risk of privacy breaches as currently there are no federal standards on the security of cloud computing. This failure jeopardizes PHI privacy and leaves the …