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Full-Text Articles in Law
Hipaa Turns 10: Analyzing The Past, Present, And Future Impact, Daniel J. Solove
Hipaa Turns 10: Analyzing The Past, Present, And Future Impact, Daniel J. Solove
GW Law Faculty Publications & Other Works
This essay, written in a journalistic style, examines HIPAA over the past decade. The essay discusses the creation of HIPAA, the evolution of HHS enforcement, the impact of the HITECH Act, and the overall influence and effect of HIPAA on healthcare providers and organizations using medical data. Professor Solove combines analysis with interviews of key regulators and practitioners.
Privacy Self-Management And The Consent Dilemma, Daniel J. Solove
Privacy Self-Management And The Consent Dilemma, Daniel J. Solove
GW Law Faculty Publications & Other Works
The current regulatory approach for protecting privacy involves what I refer to as “privacy self-management” — the law provides people with a set of rights to enable them to decide how to weigh the costs and benefits of the collection, use, or disclosure of their information. People’s consent legitimizes nearly any form of collection, use, and disclosure of personal data.
Although privacy self-management is certainly a necessary component of any regulatory regime, I contend in this Article that it is being asked to do work beyond its capabilities. Privacy self-management does not provide meaningful control. Empirical and social science research …
Reconciling Personal Information In The United States And European Union, Daniel J. Solove, Paul M. Schwartz
Reconciling Personal Information In The United States And European Union, Daniel J. Solove, Paul M. Schwartz
GW Law Faculty Publications & Other Works
US and EU privacy law diverge greatly. At the foundational level, they diverge in their underlying philosophy: In the US, privacy law focuses on redressing consumer harm and balancing privacy with efficient commercial transactions. In the EU, privacy is hailed as a fundamental right that trumps other interests. Even at the threshold level - determining what information is covered by the regulation - the US and EU differ significantly. The existence of personal information - commonly referred to as “personally identifiable information” (PII) - is the trigger for when privacy laws apply. PII is defined quite differently in US and …