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The Ftc And Privacy And Security Duties For The Cloud, Daniel J. Solove
The Ftc And Privacy And Security Duties For The Cloud, Daniel J. Solove
Faculty Scholarship
Third-party data service providers, especially providers of cloud computing services, present unique and difficult privacy and data security challenges. While many companies that directly collect data from consumers are bound by the promises they make to individuals in their privacy policies, cloud service providers are usually not a part of this arrangement. It is not entirely clear what, if any, obligations cloud service providers have to protect the data of individuals with whom they have no contractual relationship. This problem is especially acute because many institutions sharing personal data with cloud service providers fail to include significant privacy and security …
The Ftc And The New Common Law Of Privacy, Daniel J. Solove, Woodrow Hartzog
The Ftc And The New Common Law Of Privacy, Daniel J. Solove, Woodrow Hartzog
Faculty Scholarship
One of the great ironies about information privacy law is that the primary regulation of privacy in the United States has barely been studied in a scholarly way. Since the late 1990s, the Federal Trade Commission (FTC) has been enforcing companies’ privacy policies through its authority to police unfair and deceptive trade practices. Despite over fifteen years of FTC enforcement, there is no meaningful body of judicial decisions to show for it. The cases have nearly all resulted in settlement agreements. Nevertheless, companies look to these agreements to guide their privacy practices. Thus, in practice, FTC privacy jurisprudence has become …