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Articles 1 - 30 of 41
Full-Text Articles in Privacy Law
What A Data Privacy Law Should Look Like In West Virginia: Balancing Competing Interests Of Consumers And Businesses, Harrison Enright
What A Data Privacy Law Should Look Like In West Virginia: Balancing Competing Interests Of Consumers And Businesses, Harrison Enright
West Virginia Law Review
Today’s businesses invariably leverage consumer data to create business insights, such as marketing strategies and consumer behavior analyses. As a result, consumers have placed an emphasis on data privacy and security. In response, many states have proposed comprehensive legislation aspiring to regulate the collection and usage of consumer data by businesses, grant individual rights to consumers, and provide for a method of enforcement. House Bill 3159 represents West Virginia’s most recent attempt at doing so, serving as an indication that the state is working diligently to enhance the data privacy of its residents.
Although enacting a comprehensive data privacy law …
Data Privacy Issues In West Virginia And Beyond: A Comprehensive Overview, Jena Martin
Data Privacy Issues In West Virginia And Beyond: A Comprehensive Overview, Jena Martin
Consumer Law Scholarship
This white paper was commissioned by the Center for Consumer Law and Education, a joint initiative launched by West Virginia University and Marshall University to “coordinate the development of consumer law, policy, and education research to support and serve consumers.”
As such, this paper has a dual purpose. First, it provides a comprehensive overview of the many different legal issues that affect data privacy concerns (both nationally and in West Virginia). Second, it documents and discusses the result of a survey and specific focus groups that were undertaken throughout the fall of 2019 into January 2020 where individuals within the …
National Cybersecurity Innovation, Tabrez Y. Ebrahim
National Cybersecurity Innovation, Tabrez Y. Ebrahim
West Virginia Law Review
National cybersecurity plays a crucial role in protecting our critical infrastructure, such as telecommunication networks, the electricity grid, and even financial transactions. Most discussions about promoting national cybersecurity focus on governance structures, international relations, and political science. In contrast, this Article proposes a different agenda and one that promotes the use of innovation mechanisms for technological advancement. By promoting inducements for technological developments, such innovation mechanisms encourage the advancement of national cybersecurity solutions. In exploring possible solutions, this Article asks whether the government or markets can provide national cybersecurity innovation. This inquiry is a fragment of a much larger literature …
The Balkanization Of Data Privacy Regulation, Fernanda G. Nicola, Oreste Pollicino
The Balkanization Of Data Privacy Regulation, Fernanda G. Nicola, Oreste Pollicino
West Virginia Law Review
No abstract provided.
The Threat Of Data Misuse As An Injury-In-Fact: Establishing A Uniform Framework For Constitutional Standing In The Privacy Era, Isabella Anderson
The Threat Of Data Misuse As An Injury-In-Fact: Establishing A Uniform Framework For Constitutional Standing In The Privacy Era, Isabella Anderson
West Virginia Law Review
No abstract provided.
Committed To Treatment?: The Potential Role Of Involuntary Hospitalization In West Virginia’S Response To The Opioid Epidemic, Quentin T. Collie
Committed To Treatment?: The Potential Role Of Involuntary Hospitalization In West Virginia’S Response To The Opioid Epidemic, Quentin T. Collie
West Virginia Law Review
No abstract provided.
Privacy Spaces, Bert-Jaap Koops
Privacy Spaces, Bert-Jaap Koops
West Virginia Law Review
Privacy literature contains conceptualizations of privacy in relation to role-playing and identity construction, and in relation to access control and boundary-management. In this paper, I combine both strands to introduce the concept of privacy spaces: spaces in which you can play, in your own way, the relevant role(s) you have in social life. Drawing from privacy conceptions in legal scholarship, philosophy, sociology, anthropology, human geography, and psychology, a systematic overview of traditional privacy spaces is offered, including mental bubbles, the body, personal space, personal writings, the home, private conversation space, cars, stalls, intimacy bubbles, professional black boxes, coffee house spaces, …
Better Late Than Never: Bringing The Data Security Regulatory Environment Into The Modern Era, Jacob Holden
Better Late Than Never: Bringing The Data Security Regulatory Environment Into The Modern Era, Jacob Holden
West Virginia Law Review
No abstract provided.
Private Law, Fundamental Rights, And The Rule Of Law, Hugh Collins
Private Law, Fundamental Rights, And The Rule Of Law, Hugh Collins
West Virginia Law Review
No abstract provided.
Drinking From The Fire Hose: How Massive Self-Surveillance From The Internet Of Things Is Changing The Face Of Privacy, Steven I. Friedland
Drinking From The Fire Hose: How Massive Self-Surveillance From The Internet Of Things Is Changing The Face Of Privacy, Steven I. Friedland
West Virginia Law Review
No abstract provided.
Stingray Technology, The Exclusionary Rule, And The Future Of Privacy: A Cautionary Tale, Shawn Marie Boyne
Stingray Technology, The Exclusionary Rule, And The Future Of Privacy: A Cautionary Tale, Shawn Marie Boyne
West Virginia Law Review
No abstract provided.
Lavabitten, Brian L. Owsley
Minding Your Meds: Balancing The Needs For Patient Privacy And Law Enforcement In Prescription Drug Monitoring Programs, Devon T. Unger
Minding Your Meds: Balancing The Needs For Patient Privacy And Law Enforcement In Prescription Drug Monitoring Programs, Devon T. Unger
West Virginia Law Review
No abstract provided.
Toward A Cohesive Interpretation Of The Electronic Communications Privacy Act For The Electronic Monitoring Of Employees, Ariana R. Levinson
Toward A Cohesive Interpretation Of The Electronic Communications Privacy Act For The Electronic Monitoring Of Employees, Ariana R. Levinson
West Virginia Law Review
This Article proposes a cohesive interpretation of the Electronic Com- munications Privacy Act ("ECPA") designed to protect employees' basic right to privacy in their electronic communications. The difficulty of new technology outpacing the law's ability to protect employees' privacy from electronic moni- toring by employers is widely acknowledged. Yet, scholars have generally over- looked or dismissed the potential of the ECPA to provide privacy protection for employees in the electronic workplace, calling instead for reform through the legislative process. Nevertheless, despite increasing calls from a broad range of entities for stronger privacy protections, passage of new legislation designed to adequately …
An Illusory Expectation Of Privacy: The Ecpa Is Insufficient To Provide Meaningful Protection For Advanced Communication Tools, Sara E. Brown
An Illusory Expectation Of Privacy: The Ecpa Is Insufficient To Provide Meaningful Protection For Advanced Communication Tools, Sara E. Brown
West Virginia Law Review
No abstract provided.
A Blogger, Google, And A "Skank": An Analysis Of Whether Google Has A Fiduciary Obligation To Its Bloggers, Michael W. Taylor
A Blogger, Google, And A "Skank": An Analysis Of Whether Google Has A Fiduciary Obligation To Its Bloggers, Michael W. Taylor
West Virginia Law Review
No abstract provided.
Once, Twice, Three Times A Victim: Why A Defendant In A Sexual Assault Case Has No Right To Compel Physical Examinations, Jenny M. Flanigan
Once, Twice, Three Times A Victim: Why A Defendant In A Sexual Assault Case Has No Right To Compel Physical Examinations, Jenny M. Flanigan
West Virginia Law Review
No abstract provided.
Taking Out The Context: A Critical Analysis Of Associated Press V. Canterbury, Kevin Gillen
Taking Out The Context: A Critical Analysis Of Associated Press V. Canterbury, Kevin Gillen
West Virginia Law Review
No abstract provided.
"I Will Not Divulge": How To Resolve The "Mass Of Legal Confusion" Surrounding The Physician-Patient Relationship In West Virginia, Mary Claire Johnson
"I Will Not Divulge": How To Resolve The "Mass Of Legal Confusion" Surrounding The Physician-Patient Relationship In West Virginia, Mary Claire Johnson
West Virginia Law Review
No abstract provided.
Small Hope Floats: How The Lower Courts Have Sunk The Right Of Privacy, Stephanie D. Taylor
Small Hope Floats: How The Lower Courts Have Sunk The Right Of Privacy, Stephanie D. Taylor
West Virginia Law Review
No abstract provided.
A Local Distinction: State Education Privacy Laws For Public School Children, Susan P. Stuart
A Local Distinction: State Education Privacy Laws For Public School Children, Susan P. Stuart
West Virginia Law Review
No abstract provided.
The Material-Fetal Conflict: The Right Of A Woman To Refuse A Cesarean Section Versus The State's Interest In Saving The Life Of The Fetus, Daniel R. Levy Esq.
The Material-Fetal Conflict: The Right Of A Woman To Refuse A Cesarean Section Versus The State's Interest In Saving The Life Of The Fetus, Daniel R. Levy Esq.
West Virginia Law Review
No abstract provided.
The Privacy Standards Under The Health Insurance Portability And Accountability Act: A Practical Guide To Promote Order And Avoid Potential Chaos, Tamela J. While, Charlotte A. Hoffman
The Privacy Standards Under The Health Insurance Portability And Accountability Act: A Practical Guide To Promote Order And Avoid Potential Chaos, Tamela J. While, Charlotte A. Hoffman
West Virginia Law Review
No abstract provided.
The Rehnquist Court And The Devolution Of The Right To Privacy, Scott P. Johnson, Robert M. Alexander
The Rehnquist Court And The Devolution Of The Right To Privacy, Scott P. Johnson, Robert M. Alexander
West Virginia Law Review
No abstract provided.
Terrorism And Weapons Detection Technology: Reevaluating The Reasonable Expectation Of Privacy After 11 September 2001, Michael A. Menzel Jr.
Terrorism And Weapons Detection Technology: Reevaluating The Reasonable Expectation Of Privacy After 11 September 2001, Michael A. Menzel Jr.
West Virginia Law Review
No abstract provided.
Not Quite Bradbury's Fahrenheit 451: The Uncertain Future Of Sense-Enhancing Technology In The Aftermath Of United States V. Kyllo, Heather K. Mcshain
Not Quite Bradbury's Fahrenheit 451: The Uncertain Future Of Sense-Enhancing Technology In The Aftermath Of United States V. Kyllo, Heather K. Mcshain
West Virginia Law Review
No abstract provided.
New York V. Belton And State Constitutional Doctrine, Eugene L. Shapiro
New York V. Belton And State Constitutional Doctrine, Eugene L. Shapiro
West Virginia Law Review
No abstract provided.
Hipaa Becomes Reality: Compliance With New Privacy, Security, And Electronic Transmission Standards, Mary Beth Johnson, Leighton Roper
Hipaa Becomes Reality: Compliance With New Privacy, Security, And Electronic Transmission Standards, Mary Beth Johnson, Leighton Roper
West Virginia Law Review
No abstract provided.
E-Health: The Medical Frontier--Preface, Brian J. Caveney
E-Health: The Medical Frontier--Preface, Brian J. Caveney
West Virginia Law Review
No abstract provided.
Health Care, Technology And Federalism, Kevin Outterson
Health Care, Technology And Federalism, Kevin Outterson
West Virginia Law Review
No abstract provided.