Privacy Law Commons^™

Digital Bodily Autonomy: Consent Issues, Labor Displacement, And Legal Understandings Of Ai Generated Deepfake Pornography, Mariah Barrett

Undergraduate Theses, Capstones, and Recitals

In the United States, nonconsensual pornographic deepfakes are becoming an increasingly prevalent problem as AI deepfake creation software improves and becomes widely available. Despite this, patchwork legislation across the country is inconsistent and conflicting regarding this issue. In this paper, I explore the background of pornography and obscenity laws and demonstrate how these frameworks are not properly constructed to apply to the digital sphere. Then, I address major themes within deepfake literature such as consent issues, bodily autonomy, labor displacement, and verifiable identity as a commodity through the case study of OnlyFans. I explore current and proposed legislation within the …

The Mind Has A Firewall: An Attempt To Preserve Human Mind Integrity., Sayed G. Batran

Theses and Dissertations

This thesis argues for the recognition of mind integrity as a distinct human right. It contends that existing protections, such as bodily integrity, privacy, and freedom of thought, are no longer sufficient to shield an individual’s mental domain from new forms of external interference enabled by neurotechnology, artificial intelligence, and pervasive data-driven systems. Mind integrity is defined as the right to govern one’s own mental life—to form, revise, and hold thoughts, beliefs, and desires based on reasons one endorses—free from significant, non-consensual interference or manipulation, regardless of the method used. The thesis first identifies concrete risks and regulatory vacuums by …

Project Risk Management In Ai-Enabled Systems: Managing Ethical, Privacy, And Governance Risks, Onome Cynthia Anakanire

Harrisburg University Dissertations and Theses

This research examined how Artificial intelligence (AI) has been embedded in project-based work, particularly in finance and software industries, where it enables efficiency and assists in complex decision-making. However, these innovations introduce significant ethical, privacy, and governance risks that traditional project risk management frameworks fail to adequately address. This study investigated how project managers can systematically integrate the management of these emerging risks into AI-enabled projects. Using a qualitative research design, the study drew on semi-structured interviews with project managers, compliance officers, and AI developers in finance, software and related sectors. Supplementary data included internal project documentation and risk registers. …

Striving To Thrive: Balancing Digital Health Innovation And Patient Protection Under Thailand’S Legal Framework, Thidarat Liamsomboon

Theses and Dissertations

The digitalization of health care has fundamentally transformed how health care services are accessed, delivered, and experienced worldwide. Telemedicine, artificial intelligence–assisted diagnostics, electronic health records, wearables, and mobile health applications are no longer novelties, but have become a substantial part of a modern clinical practice. Although these technologies offer great prospects for making health care more accessible, reducing administrative burden, and improving the quality of care, they also pose significant legal and regulatory challenges. The rate of technological development has far outpaced Thailand’s existing legal frameworks for regulating medical practice, professional accountability, and patient protection. This regulatory “lag” has generated …

San Mateo County’S Digital Jail Mail Sparks Reckoning Over Private Data, Juan A. Lasso

Capstones

This capstone examines privacy and data risks embedded in digital communication systems used in U.S. correctional facilities. As private vendors introduce tablets, kiosks, and mail digitization services, these technologies enable widespread surveillance and data collection of incarcerated people and their loved ones. The project explores how these systems track and analyze digital footprints in ways that challenge established legal and ethical expectations around privacy. It documents the personal impact on loved ones of people currently or formerly incarcerated in San Mateo County. The reporting centers on the California county jail where a civil rights lawsuit is pending over the mail …

Cyber And Tech-Based Partner Stalking In Jefferson County, Norah Wulkopf

Undergraduate Theses

Since stalking laws were enacted in the 1990s, they have been historically difficult to enforce. As less and less of our lives become private due to our ever-present devices, stalkers frankly have more access to their targets than ever before. The tenuous nature of stalking laws and the growing resources for stalkers place targets of stalking in a very precarious situation: the legal system has never been adequately equipped to handle stalking cases, and local justice systems do not have the resources to handle tech-based crimes. Through interviews with actors in the criminal justice system, this presentation considers how these …

Digital Child Labor Exploitation In Sharenting: Proposing Legislative Solutions For Enhanced Child Protection, Joana Guzman Gonzalez

University Honors Theses

This thesis explores the implications of sharenting -- the practice of sharing children's information on mass media--raises urgent concerns about child safety and potential human rights violations -- and the exploitation of children in digital spaces, focusing on the risks of privacy, safety and mental health pose by the rise of kidfluencers – children influencers under the age of 18 – and family vlog channels. Through a comprehensive literature review, the research examines children's online presence's emotional, legal, and societal impacts, drawing from case studies such as Sheri Franke, Wren Eleanor, Ryan Kaji, and JoJo Siwa. The analysis reveals a …

The Evolution Of Surveillance And The Decline Of Privacy, Alan J. Geyer

Honors Undergraduate Theses

This study directly examines how surveillance law and technology have evolved in the United States and how privacy rights have declined correspondingly. The study specifically focuses on how advancements in surveillance technology have overstepped the boundaries of Fourth Amendment protections and analyzes whether these provisions are adequate for protecting citizens in the modern technological era. The study explores newly employed methods of technological surveillance, such as facial recognition, data collection, and automated license plate readers. It focuses on how government surveillance programs have reshaped legal and ethical understandings of privacy. The changes in surveillance and technology have been analyzed by …

Legal Implications Of Digital Health Apps Informing Food Allergy Labeling For Consumers' Health And Privacy Protection, Kathy Keunghee Kim

Maurer Theses and Dissertations

This dissertation examines food allergy labeling’s use in a digital format. Allergy information is typically found on food packaging and containers to help consumers identify individually concerned allergens. Given the critical role that food allergy labels play in preventing unexpected allergic reactions before selecting or consuming food, it is essential to comprehend the labeling descriptions. However, current regulations and laws regarding allergy labeling often confuse consumers due to the existence of mandatory and voluntary Precautionary Allergy Labeling (PAL) categories and the absence of laws and regulations that require allergy information for restaurant meals. Technology companies have introduced digital health and …

Whose Information Is Whose? Adult Adoptees And The Silent Struggle To Access Records, Alyssa Traina

Undergraduate Honors Theses

The United States has fifty-one different laws pertaining to adult adoptee access to their original birth certificates and adoption court records, with only fifteen states being unrestricted. These states give adult adoptees access to their documents upon request. Fifteen states are restricted, meaning they require a court order to obtain documents, which involves proving “good cause” to a judge. This requirement of “good cause” has no standard definition. The remaining twenty-one states are compromised, meaning they have complex requirements to obtain documentation. My research uses case studies of the restricted laws of California, the unrestricted laws of Louisiana, and the …

Navigating The Nexus: Competition Law, Data Privacy, And Regulatory Challenges In The Digital Economy, Aalaa Tarek El Gohary

Theses and Dissertations

Competition law and data privacy meet at a crucial point in the growing digital economy, making it essential to delve into their intricate relationship. This thesis investigates how competition law and data protection law interact within the digital market. It examines how data protection regulations influence market dynamics and competition, and how competition law affects data processing and individual rights during the digital transformation. By thoroughly exploring key themes, such as historical context, current challenges, and regulatory responses, this research aims to shed light on the changing regulatory landscape and its impact on future frameworks in the digital era. The …

Don't Call It 'Privacy': Data Protection, From Ideas To Constitutional Law, Raphaël Beauregard-Lacroix

SJD Dissertations

Data protection law has been subject to various criticisms, among which is one of a fundamental kind: devoted to procedures, it lost sight of its privacy-bound origins. This dissertation aims to provide a novel historical and comparative account of the transatlantic development of data protection law, from the origins to this day, identifying how it may yet succeed in reaching the policy goals its original proponents imagined, and untangling key legal concepts along the way.

The regulatory concept of data protection was founded on three basic principles: purpose limitation, universality, and institutional supervision and enforcement. These three principles trace their …

The Implications Of Artificial Intelligence In The Criminal Justice System, Natalie Garay

Honors Undergraduate Theses

This thesis focuses on artificial intelligence's recent implications on the criminal justice system regarding its admissibility as evidence in civil and criminal cases. One of the main concerns surrounding artificial intelligence is determining the validity of AI application; application refers to the accuracy "AI measures, classifies, or predicts what it is designed to" (Article: Artificial Intelligence as Evidence by Paul W. Grimm, Maura R. Grossman & Gordon V.Cormack.(https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1349&context=njtip). Privacy law will also be analyzed in this analysis. Is evidence recorded without the individual's consent or knowledge acceptable in determining an individual's guilt? This analysis will primarily focus on …

The Protection Of Student Data Privacy In Wisconsin School Board Policies, Curtis Clyde Rees

Theses and Dissertations--Education Sciences

American schools have increasingly adopted technology resources to fulfill their educational obligations. These tools are for instruction, communication, and storing and analyzing student information. Student data can be directory information, enrollment records, achievement data, and student-created products. This increased utilization began with the passage of No Child Left Behind in 2001, and the COVID-19 pandemic led to more educational technology use of student data. Districts turned to third-party vendors for assistance with data systems and virtual learning resources. Before, during, and after the pandemic, stakeholders were concerned about information security and the students' privacy. School leaders looked to federal regulations …

Digitizing The Fourth Amendment: Privacy In The Age Of Big Data Policing, Charles E. Volkwein

Privacy Certificate Student Publications

Today’s availability of massive data sets, inexpensive data storage, and sophisticated analytical software has transformed the capabilities of law enforcement and created new forms of “Big Data Policing.” While Big Data Policing may improve the administration of public safety, these methods endanger constitutional protections against warrantless searches and seizures. This Article explores the Fourth Amendment consequences of Big Data Policing in three parts. First, it provides an overview of Fourth Amendment jurisprudence and its evolution in light of new policing technologies. Next, the Article reviews the concept of “Big Data” and examines three forms of Big Data Policing: Predictive Policing …

Revenge Porn: The Result Of A Lack Of Privacy In An Internet-Based Society, Shelbie M. Mora

Privacy Certificate Student Publications

This paper is about revenge porn statutes within and outside of the United States and their privacy consequences to victims. This paper focuses heavily on two state laws and reviews a case in each state and then explains the implications the ruling has on victims. With other countries' statutes, the paper primarily focuses on penalties for violations. To finish, there is a review of a failed proposed US statute and then I propose my own law and penalties.

Life's Not Fair. Is Life Insurance?, Mark A. Sayre

Privacy Certificate Student Publications

The rapid adoption of artificial intelligence by life insurance companies increases the risk that such practices may unfairly discriminate against insurance applicants based on race. The article briefly discusses the history of racial discrimination in life insurance pricing, followed by a summary of current antidiscrimination law. Next, proposed state legislation to address discrimination risks posed by artificial intelligence is discussed. Finally, the article discusses the potential that professional standards may provide a faster way to mitigate discrimination risk in a nationally uniform manner.

Leaning Into Chaos (Child's Health And Online Safety Act): Revision To Ftc's Enforcement Of Coppa & New Model Rule For Child Advertising, Gabrielle N. Schwartz

Privacy Certificate Student Publications

This article focuses on the need for a new model act introduced by the author (the Child’s Health and Online Safety Act) to amend the Child’s Online Privacy Protection Rule. First, to understand the landscape of existing child privacy protections, this article discusses the historical background of the Federal Trade Commission’s (FTC’s) authority to regulate child advertising. Furthermore, this article illustrates how the current law, the Children’s Online Privacy Protection Rule (COPPA), regulates entities who direct their websites or online services and advertising to children. Next, this article introduces case law that illustrates the weaknesses of COPPA. Finally, the focus …

حمایة الخصوصیة الرقمیة في ظل تطبیقات الذكاء الاصطناعي (دراسة تحلیلیة مقارنة), ریم غریب الشامسي

Theses

مع بزوغ عصر الثورة الصناعیة الرابعة (4IR)، تزامن ذلك مع وجود حقبة جدیدة في التطور التقني والتحول الرقمي والتي أصبحت فیھا التكنولوجیا جزءاً لا یتجزأ من المجتمعات، مما أدى إلى ازدیاد ظھور تطبیقات الذكاء الاصطناعي بشكل كبیر والتي دخلت في مجالات كثیرة في حیاتنا الیومیة، فأصبح الاستغناء عنھا ضرباً من الخیال، فنرى استخدامات الطائرات بدون طیار في مجال التجارة الإلكترونیة في إیصال السلع و الخدمات، والروبوتات الجراحیة في العملیات الدقیقة، و الاستشارات المھنیة والقانونیة عن بعد، و الحكومة الذكیة في استخدام التطبیقات الحكومیة المؤتمتة - من بینھا حكومة الإمارات بوضع استراتیجیة الحكومة الرقمیة لدولة الإمارات 2025 واستراتیجیة الإمارات للذكاء الاصطناعي-، …

Data Privacy Regulations In The United States, China, And The European Union, Charlsey A. Kelly

Honors College Theses

This paper compares and discusses the different data privacy regulations found in the United States, China, and the European Union. It is no secret that big tech companies like Facebook and Google continuously collect data on their users. The big question is what protections and rights one has as a consumer. The answer to this question differs when you are in different parts of the world. Currently the United States does not have a federal data privacy law, China recently adopted a new data privacy law called the Personal Information Protection Law, and the European Union has a data privacy …

Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo

Dissertations

In the past twenty years, the business of online personal data collection has grown at the same rapid pace as the internet itself, fostering a multibillion-dollar personal data collection and commercialization industry. Unlike many other large industries, there has been no major federal legislation enacted to monitor or control the activities of organizations dealing in this flourishing industry. The combination of these factors together with the lack of prior research encouraged this research designed to understand how much voters know about this topic and whether there is interest in seeing legislation enacted to protect individual personal data privacy.

To address …

The Commercialization Of Crime Solving: Ethical Implication Of Forensic Genetic Genealogy, Hannah Lee

Honors Theses

With the advancement of DNA technology and expansion of direct-to-consumer DNA services, a growing number of cold cases have been solved using a revolutionary new investigative method: familial DNA mapping. While the technique has been lauded by law enforcement as revolutionizing criminal identification, others are concerned by the privacy implications and impact on the family structure. In this thesis I will draw on communitarian, liberal rights, utilitarian, and social justice arguments for and against the practice. I conclude that this method has the potential to increase security and provide justice for victims and families, but absent comprehensive regulation and privacy …

أحكام المسؤولیة القانونیة للروبوت الطبي, زینب مسعود علي

Theses

تعتبر الروبوتات الطبیة من أحدث تقنیات الذكاء الاصطناعي، والتي یتم استخدامھا في العدید من المجالات الطبیة كروبوتات الرعایة الصحیة التي تعتني بكبار السن أو المعاقین، والروبوتات الجراحیة التي یتم استخدامھا في العملیات الجراحیة. وتثیر الروبوتات الطبیة العدید من الإشكالیات القانونیة، منھا ما یتعلق بالجوانب الأخلاقیة ومنھا ما یتعلق بالجوانب الاجتماعیة، والمسؤولیة عن الأخطاء الطبیة التي تسببھا الروبوتات.

وعلیھ یسلط ھذا البحث الضوء على موضوع الروبوتات الطبیة، والنظام العام والإطار القانوني لھذه الروبوتات والمسؤولیة المترتبة علیھا. ویعرض ھذا البحث للإطار القانوني الحالي لروبوتات العنایة الصحیة والروبوتات الجراحیة، وإسقاطھا على قانون المسؤولیة الطبیة في دولة الإمارات، والبحث في الطبیعة القانونیة والأساس القانوني …

Privacy-As-Property: A New Fundamental Approach To The Right To Privacy And The Impact This Will Have On The Law And Corporations, Sevion Dacosta

CMC Senior Theses

The most popular conception of the right to privacy stems from Warren and Brandeis’s description of privacy as “the right to be left alone.” This theory ultimately points to a more fundamental approach to the right to privacy rooted in property rights. This fundamental approach - which I call privacy-as-property - is what I establish in this paper. I argue that the Lockean concept of property that “every man has a property in his own person” provides the foundation for the right to privacy. Privacy-as-property begins with the fundamental right to control oneself. Because of this intrinsic right, your property …

A Review Of Data Protection Regulations And The Right To Privacy: The Case Of The Us And India, Chrisann Campbell

Dissertations and Theses

Since 1948 and the signing of the Universal Declaration of Human Rights, the concept of privacy has grown more complex with the rise of technology and a shift to the internet. In particular, the unregulated use of technologies that can capture individuals' personal data without their knowledge or consent poses a threat to their right to privacy and other additional human rights. The protection of the collection, storing, and transfer of users' personal data against data breaches also ensures that the right to privacy is guaranteed. Through examining two countries, the U.S. and India, on the idea of privacy, personal …

The Ethical Challenge For Hipaa’S Privacy Rule In The Genomics Era Of Data Analytics., Reem Shinawi

Electronic Theses and Dissertations

The thesis of this dissertation focuses on the Ethical Challenge for HIPAA’s Privacy Rule in the Genomics Era of Data Analytics. Data Analytics in Genomic Medicine challenges the individuals’ right to privacy. Hence, a balance is needed between the previous centrality of individual privacy and the need for population information to make breakthroughs in Genomic Medicine using Data Analytics. Such a problem demands regulatory solutions. And such solutions require the collaboration of professionals. Genomic Medicine is a field that deals with sensitive genetic information in both medicine, and research, it is essential to view it through HIPAA as it is …

Global Privacy Concerns Of Facial Recognition Big Data, Myranda Westbrook

Honors Theses

Facial recognition technology is a system of automatic acknowledgement that recognizes individuals by categorizing specific features of their facial structure to link the scanned information to stored data. Within the past few decades facial recognition technology has been implemented on a large scale to increase the security measures needed to access personal information. This has been specifically used in surveillance systems, social media platforms, and mobile device access control. The extensive use of facial recognition systems has created challenges as it relates to biometric information control and privacy concerns. This concern raises the cost and benefit analysis of an individual’s …

Surveillance Technology Toward A Dystopian Future, Sandy Hernandez

University Honors Program Senior Projects

There is a continual debate between individuals who attempt to measure the individual’s right to privacy against the government’s right to know as an exchange to provide for the security of all citizens. Questions that demand an answer are whether the individual’s right to privacy outweighs the government’s duty to provide security; and if security is considered more important, can there even be a right to privacy. When questioning the right to privacy and state surveillance, there are three key goals. First, to investigate whether the human right to privacy should exist, considering the continued threat of terrorist attacks and …

What Consumers Don’T Know They’Re Giving Away (Data And Privacy Concerns), Bayleigh Reeves

Marketing Undergraduate Honors Theses

The modern world leverages technology and information captured by it in ways the inventors of these technologies likely never imagined. Phones and other devices are gathering information about consumers in the background when they do not even realize it. Pew Research Center found that about 77% of Americans own a smartphone and 88% use the internet. This mass access to technology and information tracking raises many privacy concerns. Basic demographic information is being tracked as well as more in-depth information like shopping tendencies, financial information, and information about known associates. While most of this data is being used for marketing …

التنظیم القانوني للطائرات بدون طیار, آمنة سعید خلفان بن مران الظاھري

Private Law Theses

خلال الفترة الماضية تعددت استخدامات الطائرات بدون طيار، وقطعت دولة الإمارات العربیة المتحدة أشواطا ھائلة في عملية تطوير الطائرات بدون طيار واستخدامھا لأغراض متعددة. ومزامنة مع الاستخدام المتعاظم لھذه التكنولوجيا الحديثة والتوسع في استخدامھا في العديد من المجالات لجلب النفع وتحقیق الرفاھیة للمجتمع، تظھر أھمیة بیان التنظيم القانوني الطائرات بدون طیار، وتسليط الضوء على المسؤولية عن أفعال ھذه الطائرات وما قد تسببھ من أضرار لأفراد المجتمع على نطاق واسع سواء في أجسادھم أو في ممتلكاتھم وحریاتھم، وذلك بھدف تحقیق التوازن بین الاھتمام بالسلامة البدنية والحاجة إلى تحفيز الابتكار وتطوير ھذه التقنیات الحدیثة.

تناولت ھذه الدراسة مفھوم الطائرات بدون طيار وأنواعھا، …