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Full-Text Articles in Law
Uncertain Terms, Leah R. Fowler, Jim Hawkins, Jessica L. Roberts
Uncertain Terms, Leah R. Fowler, Jim Hawkins, Jessica L. Roberts
Notre Dame Law Review
Health apps collect massive amounts of sensitive consumer data, including information about users’ reproductive lives, mental health, and genetics. As a result, consumers in this industry may shop for privacy terms when they select a product. Yet our research reveals that many digital health tech companies reserve the right to unilaterally amend their terms of service and their privacy policies. This ability to make one-sided changes undermines the market for privacy, leaving users vulnerable. Unfortunately, the current law generally tolerates unilateral amendments, despite fairness and efficiency concerns. We therefore propose legislative, regulatory, and judicial solutions to better protect consumers of …
The Impact Of Schrems Ii: Next Steps For U.S. Data Privacy Law, Andraya Flor
The Impact Of Schrems Ii: Next Steps For U.S. Data Privacy Law, Andraya Flor
Notre Dame Law Review
Schrems II invalidated Privacy Shield because the court found that it did not provide an “essentially equivalent” level of protection compared to the guarantees of the GDPR. The National Security Agency (NSA) operated surveillance programs that had the potential to infringe on the rights of EU subjects, and there was a lack of oversight and effective judicial remedies to protect rights of EU data subjects, which undermined Privacy Shield as a mechanism for data transfers. This Note sets aside the surveillance and national security issue, which would require resolution through a shift in overall U.S. national security law, and instead …