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The Privacy Policymaking Of State Attorneys General, Danielle K. Citron
The Privacy Policymaking Of State Attorneys General, Danielle K. Citron
Faculty Scholarship
Accounts of privacy law have focused on legislation, federal agencies, and the self-regulation of privacy professionals. Crucial agents of regulatory change, however, have been ignored: the state attorneys general. This article is the first in-depth study of the privacy norm entrepreneurship of state attorneys general. Because so little has been written about this phenomenon, I engaged with primary sources — first interviewing state attorneys general and current and former career staff, and then examining documentary evidence received through FOIA requests submitted to AG offices around the country.
Much as Justice Louis Brandeis imagined states as laboratories of the law, offices …
Reforming The Law Of Reputation, Frank A. Pasquale
Reforming The Law Of Reputation, Frank A. Pasquale
Faculty Scholarship
Unfair and deceptive practices of controllers and processors of data have adversely affected many citizens. New threats to individuals’ reputations have seriously undermined the efficacy of extant regulation concerning health privacy, credit reporting, and expungement. The common thread is automated, algorithmic arrangements of information, which could render data properly removed or obscured in one records system, nevertheless highly visible or dominant in other, more important ones.
As policymakers reform the law of reputation, they should closely consult European approaches to what is now called the “right to be forgotten.” Health privacy law, credit reporting, and criminal conviction expungement need to …