Privacy Law Commons^™

Data Breaches And Privacy Law: Lawyers’ Challenges In Handling Personal Information, Charlotte Duc-Bragues

Cornell Law School J.D. Student Research Papers

Sharing personal information with a lawyer potentially represents the greatest source of vulnerability for an individual. Since the first major security breach in 2005, law firms have been pressed both by public authorities and clients to take action in order to protect confidential information from potential harmful breaches.

This paper seeks to provide an overview of the challenges faced by lawyers in handling personal information with regard to potential security breaches. The aim is to analyze this issue through the focal of privacy law; statistics on security breaches and tools to prevent this phenomenon, extensively studied in class, are given …

Are They Worth Reading? An In-Depth Analysis Of Online Trackers’ Privacy Policies, Candice Hoke, Lorrie Faith Cranor, Pedro Giovanni Leon, Alyssa Au

Law Faculty Articles and Essays

We analyzed the privacy policies of 75 online tracking companies with the goal of assessing whether they contain information relevant for users to make privacy decisions. We compared privacy policies from large companies, companies that are members of self-regulatory organizations, and nonmember companies and found that many of them are silent with regard to important consumer-relevant practices including the collection and use of sensitive information and linkage of tracking data with personally-identifiable information. We evaluated these policies against self-regulatory guidelines and found that many policies are not fully compliant. Furthermore, the overly general requirements established in those guidelines allow companies …

Is There Anybody Out There? Analyzing The Regulation Of Children’S Privacy Online In The United States Of America And The European Union According To The Tbgi Analytical Framework By Eberlein Et Al, Nachshon Goltz

Transnational Business Governance Interactions Working Papers

This article analyzes the regulation of children’s privacy online, especially in the context of personal information collection as a commodity, in the United States of America (USA) and the European Union (EU) according to the Transnational Business Governance Interactions analytical framework proposed by Eberlein et al. This article reviews the regulatory structure of the field in these two jurisdictions, including global organizations, according to Elberlein et al components and questions. In the analysis, a map of the regulatory interactions within this global realm will be presented and discussed. Analysis of the influence of each interacting party and the degree of …

Privacy, Autonomy, And Internet Platforms, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

Debatable Premises In Telecom Policy, 31 J. Marshall J. Info. Tech. & Privacy L. 453 (2015), Justin (Gus) Hurwitz, Roslyn Layton

UIC John Marshall Journal of Information Technology & Privacy Law

The five premises that this paper considers are:

1. Everyone needs low-cost access to high speed broadband service

2. High-speed broadband is necessary for education, health, government, and other social services

3. Wireless can‟t compete with cable

4. An open Internet is necessary for innovation and necessarily benefits consumers

5. Telecommunications are better somewhere else.

The Law And 3d Printing, 31 J. Marshall J. Info. Tech. & Privacy L. 505 (2015), Jasper Tran

UIC John Marshall Journal of Information Technology & Privacy Law

Recent years have seen extraordinary growth in the amount of legal scholarship and practice at the intersection of law and 3D printing. To help navigate this emerging field of 3D printing law, I created the accompanying Law and 3D Printing Bibliography. The published bibliography presented herein contains over 100 entries. The brief introductory comments to the published piece discuss the creation and contents of the bibliography, and provide suggestions for where one should begin their research in the area. The comments focus on (1) 3D printing‘s background, (2) historical growth pattern of law and 3D printing scholarship, (3) identification of …

Legal Problems In Data Management: It & Privacy At The Forefront: Opening Remarks, 31 J. Marshall J. Info. Tech. & Privacy L. 521 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Selected State Laws Governing The Safeguarding And Disposing Of Personal Information, 31 J. Marshall J. Info. Tech. & Privacy L. 487 (2015), Bruce Radke, Michael Waters

UIC John Marshall Journal of Information Technology & Privacy Law

Numerous states have adopted laws mandating the protection and disposal of personal information. Under those laws, businesses are required to implement and maintain reasonable security procedures and practices appropriate to the nature of the information in order to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. Although the definition of “personal information” varies from state to state, “personal information” is generally defined as an individual’s first name or initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted or …

Legal Problems In Data Management: It & Privacy At The Forefront: Dual-Use Devices In The Workplace, 31 J. Marshall J. Info. Tech. & Privacy L. 527 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Legal Problems In Data Management: It & Privacy At The Forefront: Developments In Cybersecurity Law And Best Practices, 31 J. Marshall J. Info. Tech. & Privacy L. 587 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Legal Problems In Data Management: It & Privacy At The Forefront: Drafting And Implementing Effective Social Media Policies In The Workplace, 31 J. Marshall J. Info. Tech. & Privacy L. 549 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Legal Problems In Data Management: It & Privacy At The Forefront: “Big Data”: Ownership, Copyright, And Protection, 31 J. Marshall J. Info. Tech. & Privacy L. 565 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Legal Problems In Data Management: Ethics Of Big Data Analytics And The Importance Of Disclosure, 31 J. Marshall J. Info. Tech. & Privacy L. 641 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Legal Problems In Data Management: Global Approach To Data Privacy: Safe Harbor, 31 J. Marshall J. Info. Tech. & Privacy L. 633 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Legal Problems In Data Management: The Impact Of International Data Restriction Laws On U.S. Companies, 31 J. Marshall J. Info. Tech. & Privacy L. 609 (2015)

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

‘The Greatest Wealth Is Health’: Patient Protected Health Information In The Hands Of Hackers, 31 J. Marshall J. Info. Tech. & Privacy L. 657 (2015), Samantha Singer

UIC John Marshall Journal of Information Technology & Privacy Law

This comment will analyze the specific requirements and stages that EPs/EHs must comply with in order to receive its Medicare and Medicaid incentives, how EHR technologies are being implemented, how EHR technologies are affecting patients' privacy with regard to hacking a patient‟s PHI, and what EHR technology vendors and EPs/EHs should be doing to improve patient privacy and security to prevent hacking and other breaches.

Part I of this comment will address hacking of PHI. Part II will analyze the security measures that EHR vendors must currently incorporate into EHR technology and how the lack of required security measures impacts …

Japanese And American Privacy Laws, Comparative Analysis, 32 J. Marshall J. Info. Tech. & Privacy L. 1 (2015), Jane Kim

UIC John Marshall Journal of Information Technology & Privacy Law

To understand the laws of a foreign nation, one must first under-stand that nation’s culture. Its people and their customs will provide in-sight into the proper interpretation and application of such laws. For those reasons, this commentary commences with cursory background on Japanese people, followed by a brief comparative analysis of Health In-surance Portability and Accountability Act (“HIPAA”) (enacted in 1996) and its Japanese counterpart, the Act on the Protection of Personal In-formation (“APPI”) (enacted in 2003). The Japanese have borrowed a lot of American concepts of privacy laws. This paper will explore how these imported privacy concepts may not …

Industry Self-Regulation Of Consumer Data Privacy And Security, 32 J. Marshall J. Info. Tech. & Privacy L. 15 (2015), Siona Listokin

UIC John Marshall Journal of Information Technology & Privacy Law

Industry self-regulation of consumer data privacy and security has been proposed as a flexible alternative and compliment to traditional government regulation. This study analyzes whether different types of existing industry-led standards improve online privacy and security. This paper examines which types of firms join voluntary standards and whether there is a difference in outcomes between trade association memberships (like the Digital Advertising Alliance) and certification programs (like TRUSTe). Results suggest that more trafficked websites are more likely to adopt standards, and that trade association member-ship does not have an effect on privacy and security performance. This article highlights the need …

The Truth Behind Data Collection And Analysis, 32 J. Marshall J. Info. Tech. & Privacy L. 33 (2015), Morgan Hochheiser

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Who Is Reading Whom Now: Privacy In Education From Books To Moocs, Jules Polonetsky, Omer Tene

Vanderbilt Journal of Entertainment & Technology Law

This Article is the most comprehensive study to date of the policy issues and privacy concerns arising from the surge of ed tech innovation. It surveys the burgeoning market of ed tech solutions, which range from free Android and iPhone apps to comprehensive learning management systems and digitized curricula delivered via the Internet. It discusses the deployment of big data analytics by education institutions to enhance student performance, evaluate teachers, improve education techniques, customize programs, and better leverage scarce resources to optimize education results.

This Article seeks to untangle ed tech privacy concerns from the broader policy debates surrounding standardization, …

Amending Rape Shield Laws: Outdated Statutes Fail To Protect Victims On Social Media, 48 J. Marshall L. Rev. 1087 (2015), Sydney Janzen

UIC Law Review

This Comment will first discuss the discoverability and admissibility of social media evidence in criminal and/or civil sexual assault cases. Section II(A) provides a broad overview of both federal and state rape shield laws, including the legislative policies behind their enactments, as well as the modern expansion of social media in the context of the legal system. Section II(B) will address the modern utility of social media in the context of the legal system. Section III first analyzes how courts look at discoverability and admissibility of social media evidence generally, and then focuses on sexual assault cases specifically. Further, Section …

Can A One-Star Review Get You Sued? The Right To Anonymous Speech On The Internet And The Future Of Internet “Unmasking” Statutes, 48 J. Marshall L. Rev. 693 (2015), Jesse Lively

UIC Law Review

No abstract provided.

The Right To Be Forgotten: A Step In The Right Direction For Cyberspace Law And Policy, Lyndsay Cook

Journal of Law, Technology, & the Internet

This comment examines a case referred to the Court of Justice of the European Union (“EU”) on “a Spanish citizen’s complaint against Google Spain and Google Inc.. arguing that an auction notice of his repossessed home on Google’s search results, violated his privacy rights because the repossession proceeding had been resolved long ago, and was no longer relevant. The EU court was asked to decide whether an individual has the right to request that his or her personal data be removed from accessibility via a search engine (‘the right to be forgotten’). In a landmark decision, the EU court held …

Social Media And The Job Market: How To Reconcile Applicant Privacy With Employer Needs, Peter B. Baumhart

University of Michigan Journal of Law Reform

In the modern technological age, social media allows us to communicate vast amounts of personal information to countless people instantaneously. This information is valuable to more than just our “friends” and “followers,” however. Prospective employers can use this personal data to inform hiring decisions, thereby maximizing fit and minimizing potential liability. The question then arises, how best to acquire this information? For job applicants, the counter-question is how best to protect the privacy of their social media accounts. As these two competing desires begin to clash, it is important to find a method to mediate the conflict. Existing privacy law, …

Furtive Encryption: Power, Trusts, And The Constitutional Cost Of Collective Surveillance, Jeffrey L. Vagle

Indiana Law Journal

Recent revelations of heretofore secret U.S. government surveillance programs have sparked national conversations about their constitutionality and the delicate balance between security and civil liberties in a constitutional democracy. Among the revealed policies asserted by the National Security Agency (NSA) is a provision found in the “minimization procedures” required under section 702 of the Foreign Intelligence Surveillance Act of 1978. This provision allows the NSA to collect and keep indefinitely any encrypted information collected from domestic communications—including the communications of U.S. citizens. That is, according to the U.S. government, the mere fact that a U.S. citizen has encrypted her electronic …

An Introduction To The Intellectual Property Law Implications Of 3d Printing, Michael Rimock

Canadian Journal of Law and Technology

Put simply, 3D printing allows people to print physical objects that are scanned, downloaded, or created digitally. There are an astonishing number of uses, benefits, and advantages associated with 3D printing. However, as with any new technology with so much potential, 3D printing presents a number of threats and challenges to many who benefit from the way manufacturing currently operates. While 3D printers will likely have a tremendous economic and socio- cultural impact, the following will provide an overview of some of its implications relating to intellectual property law. I will begin by briefly discussing the history of 3D printing …

Dear Yahoo: A Comment On In Re Yahoo Mail Litigation, Nareen Melkonian

Loyola of Los Angeles Law Review

No abstract provided.

The Cycles Of Global Telecommunication Censorship And Surveillance, Jonathon Penney

Articles, Book Chapters, & Popular Press

Internet censorship and surveillance is on the rise globally and cyber-warfare increasing in scope and intensity. To help understand these new threats commentators have grasped at historical analogies often with little regard for historical complexity or international perspective. Unfortunately, helpful new works on telecommunications history have focused primarily on U.S. history with little focus on international developments. There is thus a need for further internationally oriented investigation of telecommunications technologies, and their history. This essay attempts to help fill that void, drawing on case studies wherein global telecommunications technologies have been disrupted or censored — telegram censorship and surveillance, high …

Law As An Ally Or Enemy In The War On Cyberbullying: Exploring The Contested Terrain Of Privacy And Other Legal Concepts In The Age Of Technology And Social Media, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

This article focuses on the role and limits of law as a response to cyberbullying. The problem of cyberbullying engages many of our most fundamental legal concepts and provides an interesting case study. Even when there is general agreement that the problem merits a legal response, there are significant debates about what that response should be. Which level and what branch of government can and should best respond? What is the most appropriate legal process for pursuing cyberbullies—traditional legal avenues or more creative restorative approaches? How should the rights and responsibilities of perpetrators, victims and even bystanders be balanced? Among …

Merger And Acquisition Due Diligence: A Proposed Framework To Incorporate Data Privacy, Information Security, E-Discovery, And Information Governance Into Due Diligence Practices, James A. Sherer, Taylor M. Hoffman, Eugenio E. Ortiz

Richmond Journal of Law & Technology

Merger and Acquisition or “M&A” deals are both figuratively and literally big business, where the stakes for the organization are often the highest. While casual observers might expect that the importance attached to these deals makes each new deal the vanguard for incorporating metrics and practices regarding every efficiency and contingency, existing research demonstrates that this is decidedly not the case.