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- CFAA; Computer Fraud and Abuse Act; right to privacy; civil action; equitable relief; personal privacy; federal civil litigation (1)
- DNA; DTC; National Security; Fourth Amendment; constitutional right to privacy; BIPA; Genetic Information Privacy Act (1)
- Data Privacy; Personal Information; Personal Data; Biometrics; Biometric Data; Right to Erasure; New York; New York Privacy Act; Biometric Privacy Act; Smart Devices; Smart Watch; Research; Scientific Research; Technological Research; Medical Research; Research Participants; Health; Research Exemption (1)
- McMorris v. Carlos Lopez & Assocs; Circuit Split; data breach; second circuit; supreme court; social security; standing; injuries in fact; email; transunion; Whole Women’s Health (1)
Articles 1 - 4 of 4
Full-Text Articles in Privacy Law
Standing In The Ether: Constitutional Standing In Data Breach Cases After Mcmorris, Andrew Ridge
Standing In The Ether: Constitutional Standing In Data Breach Cases After Mcmorris, Andrew Ridge
Brooklyn Journal of Corporate, Financial & Commercial Law
For some time, circuit courts have been ostensibly divided over the power of plaintiffs to maintain claims for injuries sustained from data breaches based merely on an increased risk of injury. However, in McMorris v. Carlos Lopez & Assocs., LLC, 995 F.3d 295 (2d Cir. 2021), the Second Circuit denied the existence of the circuit split, instead contending that its three-factor balancing test for determining standing for risk of future injury in data breach cases could be reconciled with the positions of both clusters of circuits. The three factors are “(1) whether the plaintiffs’ data has been exposed as the …
Dna Dystopia: How The National Security Apparatus Could Map The Entire Genome Of America Without Violating The Fourth Amendment Or The Constitutional Right To Privacy, Elias Rios Iii
Brooklyn Law Review
Over the past decade, scientific advances have allowed genetic testing to become accessible to consumers. Direct-to-consumer (DTC) DNA testing companies can analyze your DNA sample so you can learn about your family’s origins or whether you are genetically predisposed to a specific disease or disorder. Consumers can then send these analyzed files to third-party databases that aggregate genetic data for specific purposes, like helping law enforcement solve cold cases. Recently, the Department of Defense alerted servicemembers that DTC DNA tests were a national security threat. Simply put, when the national security apparatus finds a threat, it proactively seeks to neutralize …
The "Worst Law In Technology": How The Computer Fraud And Abuse Act Allows Big Businesses To Collect And Sell Your Personal Information, Alicia Nakhjavan
The "Worst Law In Technology": How The Computer Fraud And Abuse Act Allows Big Businesses To Collect And Sell Your Personal Information, Alicia Nakhjavan
Brooklyn Law Review
For years, big businesses have been collecting and selling users’ personal information without permission. In attempts at preventing this practice, users have brought civil actions under the Computer Fraud and Abuse Act (CFAA), alleging a loss of personal privacy. As currently enacted, “personal privacy” is not included in the statutory definition of loss. Further, courts have been reluctant to interpret the CFAA broadly to cover loss of personal privacy claims. This note proposes that an amendment to the CFAA is necessary to close this gap in the statute’s coverage and better protect users’ right to privacy.
The Gatekeepers Of Research: Why A Data Protection Authority Holds The Key To Research In The New York Privacy Acts, Eric B. Green
The Gatekeepers Of Research: Why A Data Protection Authority Holds The Key To Research In The New York Privacy Acts, Eric B. Green
Brooklyn Law Review
Biometric data is among the most sensitive of personal data because it is biologically tied and unique to the individual. Nonetheless, biometric data is an invaluable facet of the research that enables progressive scientific, technological, and medical innovation. Because a comprehensive federal data privacy act does not appear to be on the horizon, the torch has been passed to the states to create their own personal data protection regimes. New Yorkers’ personal biometric data is not aptly protected, partially because neither the New York Privacy Act nor the Biometric Privacy Act (collectively, the NY Privacy Acts) have matured to the …