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Privacy Law Commons

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Articles 1 - 4 of 4

Full-Text Articles in Privacy Law

Balancing Freedom Of Speech With The Right To Privacy: How To Legally Cope With The Funeral Protest Problem , Anna Zwierz Messar Sep 2007

Balancing Freedom Of Speech With The Right To Privacy: How To Legally Cope With The Funeral Protest Problem , Anna Zwierz Messar

Pace Law Review

No abstract provided.


Second Class For The Second Time: How The Commercial Speech Doctrine Stigmatizes Commercial Use Of Aggregated Public Records, Brian N. Larson, Genelle I. Belmas Jul 2007

Second Class For The Second Time: How The Commercial Speech Doctrine Stigmatizes Commercial Use Of Aggregated Public Records, Brian N. Larson, Genelle I. Belmas

Faculty Scholarship

This Article argues that access to aggregated electronic public records for commercial use should receive protection under the First Amendment in the same measure as the speech acts the access supports. In other words, we view commercial access to aggregated public records as an essential means to valuable speech. For many, however, the taint of the commercial speech doctrine is turning all “information flows” into commercial ones. This, in turn, is threatening the access to government records.


Newsgathering In Light Of Hipaa, Alexander A. Boni-Saenz Feb 2007

Newsgathering In Light Of Hipaa, Alexander A. Boni-Saenz

All Faculty Scholarship

This short piece examines the interaction between the Health Insurance Portability and Accountability Act (HIPAA), a federal law designed to protect the privacy of individuals’ health information, and state Freedom of Information (FOI) laws, which are designed to ensure public access to government documents. It describes three recent cases from different states that addressed difficult issues about where and how to draw the line between the public’s right to know and individuals’ rights to keep their medical information secret. It concludes that questions about the interaction of state FOI laws and HIPAA should be guided by the framework suggested in …


Fired For Blogging: Are There Legal Protections For Employees Who Blog?, Robert Sprague Dec 2006

Fired For Blogging: Are There Legal Protections For Employees Who Blog?, Robert Sprague

Robert Sprague

No abstract provided.