Law Commons^™

How Much Is Your Data Worth? Ccpa's Data Valuation Requirement Explored, Jeewon Kim Serrato

San Diego Law Review

On January 28, 2022, the Office of the Attorney General of the State of California (OAG or the California Attorney General) put businesses operating loyalty programs on notice for violations of the California Privacy Protection Act (CCPA). Immediately following this press release, the California Attorney General sent a number of Notice of Violation letters to businesses, which alleged that if a business is offering “discounts, free items, or other rewards, in exchange for personal information[, it] must provide consumers with a notice of financial incentive.” These letters were sent to “major corporations in the retail, home improvement, travel, and food …

Good Intentions Gone Awry: Privacy As Proportionality Under Rule 26(B)(1), Hon. James C. Francis Iv (Ret.)

San Diego Law Review

Over the past several years, two legal trends have gained momentum. The first is the effort to make discovery in litigation more proportional, culminating in the 2015 amendment to Rule 26(b)(1) of the Federal Rules of Civil Procedure, which includes proportionality in the definition of what information is discoverable. The second is the movement, both in the United States and abroad, toward the greater recognition of individual privacy interests. Some courts and commentators now seek to merge these two trends by advocating that privacy should be considered a factor in analyzing proportionality under Rule 26(b)(1).

This paper takes the position …

Reasonable Expectations And The Erosion Of Privacy, Shaun B. Spencer

San Diego Law Review

This Article examines how the prevailing legal conception of privacy facilitates the erosion of privacy. The law generally measures privacy by reference to society’s reasonable expectation of privacy. If we think of the universe of legally private matters as a sphere, the sphere will contract or (at least in theory) expand in accordance with changing social expectations. This expectation-driven conception of privacy in effect establishes a privacy marketplace, analogous in both a literal and metaphorical sense to a marketplace of ideas. In this marketplace, societal expectations of privacy fluctuate in response to changing social practices. For this reason, privacy is …