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Comments Of The Cordell Institute For Policy In Medicine & Law At Washington University In St. Louis, Neil Richards, Woodrow Hartzog, Jordan Francis Nov 2022

Comments Of The Cordell Institute For Policy In Medicine & Law At Washington University In St. Louis, Neil Richards, Woodrow Hartzog, Jordan Francis

Faculty Scholarship

The Federal Trade Commission—with its broad, independent grant of authority and statutory mandate to identify and prevent unfair and deceptive trade practices—is uniquely situated to prevent and remedy unfair and deceptive data privacy and data security practices. In an increasingly digitized world, data collection, processing, and transfer have become integral to market interactions. Our personal and commercial experiences are now mediated by powerful, information-intensive firms who hold the power to shape what consumers see, how they interact, which options are available to them, and how they make decisions. That power imbalance exposes consumers and leaves them all vulnerable. We all …


Data Vu: Why Breaches Involve The Same Stories Again And Again, Woodrow Hartzog, Daniel Solove Jul 2022

Data Vu: Why Breaches Involve The Same Stories Again And Again, Woodrow Hartzog, Daniel Solove

Shorter Faculty Works

In the classic comedy Groundhog Day, protagonist Phil, played by Bill Murray, asks “What would you do if you were stuck in one place and every day was exactly the same, and nothing that you did mattered?” In this movie, Phil is stuck reliving the same day over and over, where the events repeat in a continual loop, and nothing he does can stop them. Phil’s predicament sounds a lot like our cruel cycle with data breaches.

Every year, organizations suffer more data spills and attacks, with personal information being exposed and abused at alarming rates. While Phil …


Gauging The Acceptance Of Contact Tracing Technology: An Empirical Study Of Singapore Residents’ Concerns With Sharing Their Information And Willingness To Trust, Ee-Ing Ong, Wee Ling Loo Jun 2022

Gauging The Acceptance Of Contact Tracing Technology: An Empirical Study Of Singapore Residents’ Concerns With Sharing Their Information And Willingness To Trust, Ee-Ing Ong, Wee Ling Loo

Research Collection Yong Pung How School Of Law

In response to the COVID-19 pandemic, governments began implementing various forms of contact tracing technology. Singapore’s implementation of its contact tracing technology, TraceTogether, however, was met with significant concern by its population, with regard to privacy and data security. This concern did not fit with the general perception that Singaporeans have a high level of trust in its government. We explore this disconnect, using responses to our survey (conducted pre-COVID-19) in which we asked participants about their level of concern with the government and business collecting certain categories of personal data. The results show that respondents had less concern with …


An Overview Of Privacy Law In 2022, Daniel J. Solove, Paul M. Schwartz Jan 2022

An Overview Of Privacy Law In 2022, Daniel J. Solove, Paul M. Schwartz

GW Law Faculty Publications & Other Works

Chapter 1 of PRIVACY LAW FUNDAMENTALS (6th edition, IAPP 2022) provides an overview of information privacy law circa 2022. The chapter summarizes the common themes in privacy laws and discusses the various types of laws (federal, constitutional, state, international). It contains a list and brief summary of the most significant U.S. federal privacy laws. The heart of the chapter is an historical timeline of major developments in the law of privacy and data security, including key cases, enactments of laws, major regulatory developments, influential publications, and other significant events. The chapter also contains a curated list of important treatises and …


Breached! Why Data Security Law Fails And How To Improve It (Chapter 1), Daniel J. Solove, Woodrow Hartzog Jan 2022

Breached! Why Data Security Law Fails And How To Improve It (Chapter 1), Daniel J. Solove, Woodrow Hartzog

GW Law Faculty Publications & Other Works

Digital connections permeate our lives—and so do data breaches. Given that we must be online for basic communication, finance, healthcare, and more, it is remarkable how difficult it is to secure our personal information. Despite the passage of many data security laws, data breaches are increasing at a record pace. In their book, BREACHED! WHY DATA SECURITY LAW FAILS AND HOW TO IMPROVE IT (Oxford University Press 2022), Professors Daniel Solove and Woodrow Hartzog argue that the law fails because, ironically, it focuses too much on the breach itself.

Drawing insights from many fascinating stories about data breaches, Solove and …


Data Vu: Why Breaches Involve The Same Stories Again And Again, Daniel J. Solove Jan 2022

Data Vu: Why Breaches Involve The Same Stories Again And Again, Daniel J. Solove

GW Law Faculty Publications & Other Works

This short essay discusses why data security law fails to effectively combat data breaches, which continue to increase. With a few exceptions, current laws about data security do not look too far beyond the blast radius of the most data breaches. Only so much marginal benefit can be had by increasing fines to breached entities. Instead, the law should target a broader set of risky actors, such as producers of insecure software and ad networks that facilitate the distribution of malware. Organizations that have breaches almost always could have done better, but there’s only so much marginal benefit from beating …