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Articles 1 - 30 of 66
Full-Text Articles in Privacy Law
International Data Privacy Lawws And The Protectors Of Privacy, Ilmr Editors
International Data Privacy Lawws And The Protectors Of Privacy, Ilmr Editors
Brigham Young University International Law & Management Review
No abstract provided.
Whose Business Is Your Pancreas?: Potential Privacy Problems In New York City's Mandatory Diabetes Registry (With N. Gingo Et Al.), Harold J. Krent, Nicholas Gingo, Monica Kapp, Rachel Moran, Mary Neal, Meghan Paulas, Puneet Sarna, Sarah Suma
Whose Business Is Your Pancreas?: Potential Privacy Problems In New York City's Mandatory Diabetes Registry (With N. Gingo Et Al.), Harold J. Krent, Nicholas Gingo, Monica Kapp, Rachel Moran, Mary Neal, Meghan Paulas, Puneet Sarna, Sarah Suma
All Faculty Scholarship
New York City authorities in 2006 formulated a policy requiring that medical data from all diabetics in the City be stored in a centralized registry. This diabetic registry is the first in the nation to require collection of personal testing data for the purpose of monitoring treatments for a noninfectious disease. The registry represents an important step on the path toward better understanding and managing of the disease. Nonetheless, establishment of the registry threatens privacy in a number of ways. Many individuals are open about their diabetes, but others prefer to keep that information to themselves, whether because of concerns …
Workplace Electronic Privacy Protections Abroad: The Whole Wide World Is Watchin, William A. Herbert
Workplace Electronic Privacy Protections Abroad: The Whole Wide World Is Watchin, William A. Herbert
Publications and Research
Legal and public policy ideas and concepts are known to traverse national borders. The rapidity of this multinational exchange of ideas has been substantially enhanced through the technological revolution over the past two decades. How a nation adopts or rejects particular ideas and concepts reflects on its particular history, culture and priorities. The establishment of legal protections for privacy against intrusions by governments, employers, companies and individuals represents a concept that has been adopted in different ways by other nations. This article will focus on how the European Union and certain Western countries have approached the issue of protecting individual …
State Government—The Arkansas Freedom Of Information Act—Houston We Have A Problem: A Coach And A Comptroller Illustrate The Repercussions Of Releasing Electronic Information Through The Arkansas Freedom Of Information Act, Alexander Justiss
University of Arkansas at Little Rock Law Review
FOIA provides a necessary oversight by which Arkansans can monitor the actions of those within the government. FOIA ensures that its purpose may not be thwarted by prohibiting the transfer, withdrawal, or destruction of documents in an attempt to prevent their release to the public. The executive, legislative, and judicial branches of the government are subject to the FOIA. FOIA statutorily exempts certain public records that would otherwise be accessible to Arkansans. Additionally, the Arkansas Constitution provides numerous safeguards to protect the privacy rights of individuals.
Issues arise with electronic communication under FOIA so various judicial and Attorney General opinions …
De-Identified Data And Third Party Data Mining: The Risk Of Re-Identification Of Personal Information, C. Christine Porter
De-Identified Data And Third Party Data Mining: The Risk Of Re-Identification Of Personal Information, C. Christine Porter
Washington Journal of Law, Technology & Arts
Recent computer science research demonstrates that anonymized data can sometimes be easily re-identified with particular individuals, despite companies’ attempts to isolate personal information. Netflix and AOL are two examples of companies that released personal data intended to be anonymous but which was reidentified with individual users with the use of very small amounts of auxiliary data. Re-identification of anonymized data may expose companies to increased liability, as the information may no longer be treated as anonymous. In addition, companies may violate their own privacy policies by releasing anonymous information to third parties that can be easily re-identified with individual users. …
Lawrence M. Friedman's Guarding Life's Dark Secrets : Legal And Social Controls Over Reputation, Propriety, And Privacy (Book Review), James A. Gardner
Lawrence M. Friedman's Guarding Life's Dark Secrets : Legal And Social Controls Over Reputation, Propriety, And Privacy (Book Review), James A. Gardner
Book Reviews
No abstract provided.
Locating The Mislaid Gate: Revitalizing Tinker By Repairing Judicial Overgeneralizations Of Technologically Enabled Student Speech, Kenneth R. Pike
Locating The Mislaid Gate: Revitalizing Tinker By Repairing Judicial Overgeneralizations Of Technologically Enabled Student Speech, Kenneth R. Pike
BYU Law Review
No abstract provided.
Accidental Privacy Spills, James Grimmelmann
Accidental Privacy Spills, James Grimmelmann
Cornell Law Faculty Publications
The realm of privacy law has more crimes than criminals, more wrongs than wrongdoers. Some invasions of privacy are neither intentional nor negligent; it's easy to recognize the harm, but hard to pin the blame.
Laurie Garrett attended the World Economic Forum as a journalist and wrote a private email to a few close friends, only to see that email end up on a widely-read weblog.
This essay tells the story of that inevitable accident: an "accident" in that it needn't have happened, but "inevitable" in that there's no principled way to prevent similar misunderstandings from recurring, again and again …
"Carhart", Constitutional Rights, And The Psychology Of Regret, Chris Guthrie
"Carhart", Constitutional Rights, And The Psychology Of Regret, Chris Guthrie
Vanderbilt Law School Faculty Publications
In "Gonzales v. Carhart", the Supreme Court upheld the Partial-Birth Abortion Ban Act. In so doing, the Court used the prospect of regret to justify limiting choice. Relying on empirical evidence documenting the four ways in which regret actually operates, this Article argues that the Court's analysis reflects a fundamental misunderstanding of the psychology of regret. By exposing the Court's misunderstanding of this emotion, this article seeks to minimize the most significant risk posed by the Carhart decision: that states will use the prospect of regret to justify additional constraints not only on the abortion right but also on other …
Liability For Consumer Information Security Breaches: Deconstructing Ftc Complaints And Settlements, Joel B. Hanson
Liability For Consumer Information Security Breaches: Deconstructing Ftc Complaints And Settlements, Joel B. Hanson
Washington Journal of Law, Technology & Arts
For several years, hackers taking advantage of security holes in the information system of TJX Companies, Inc. stole sensitive credit and debit card information belonging to at least 45.7 million customers. The TJX breach is one of the largest thefts of consumer information in history and is illustrative of the recent wave of security breaches. Private lawsuits against companies that fail to protect consumer information have typically failed. However, the Federal Trade Commission has taken enforcement action against such companies that fail to implement reasonable security measures to protect customers’ personal information. These complaints have resulted in settlement agreements requiring …
No Harm, No Foul: Limits On Damages Awards For Individuals Subject To A Data Breach, Derek A. Bishop
No Harm, No Foul: Limits On Damages Awards For Individuals Subject To A Data Breach, Derek A. Bishop
Washington Journal of Law, Technology & Arts
Recently, TJX, Inc. announced that computer hackers breached several of TJX’s databases containing the driver’s license and credit card numbers of over 47 million customers. Within a month, a class action lawsuit attempting to hold TJX responsible for losing control of this information was filed. In the past, class action lawsuits based on the release of consumer’s personal data have failed because the plaintiffs have not alleged sufficient harms. This article examines legal claims relating to the release of personal data by companies during security breaches. To date, courts have refused to find individuals harmed by the negligent release of …
What If Samuel D. Warren Hadn't Married A Senator's Daughter: Uncovering The Press Coverage That Led To The Right To Privacy, Amy Gajda
Faculty Scholarship
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.
The Impact Of Emerging Technologies In The Workplace: Who's Watching The Man (Who's Watching Me)?, William A. Herbert, Amelia Tuminaro
The Impact Of Emerging Technologies In The Workplace: Who's Watching The Man (Who's Watching Me)?, William A. Herbert, Amelia Tuminaro
Publications and Research
This 2008 law review article examines the state of the law and regulation concerning the introduction of then new technologies in the workplace to track and monitor workers.
Student Drug Testing: The Blinding Appeal Of In Loco Parentis And The Importance Of State Protection Of Student Privacy, Tony Lacroix
Student Drug Testing: The Blinding Appeal Of In Loco Parentis And The Importance Of State Protection Of Student Privacy, Tony Lacroix
Brigham Young University Education and Law Journal
No abstract provided.
Internet Search And Seizure In United States V. Forrester: New Problems In The New Age Of Pen Registers, Deborah Buckner
Internet Search And Seizure In United States V. Forrester: New Problems In The New Age Of Pen Registers, Deborah Buckner
Brigham Young University Journal of Public Law
No abstract provided.
Data Privacy And Breach Reporting: Compliance With Various State Laws, G. Martin Bingisser
Data Privacy And Breach Reporting: Compliance With Various State Laws, G. Martin Bingisser
Washington Journal of Law, Technology & Arts
This Article discusses state laws requiring notification of a party whose personal information is held by a business or government agency when the third party’s security is breached and an unauthorized person accesses the personal information. In the wake of the 2005 ChoicePoint data breach, over half of the states passed legislation requiring that companies notify the affected parties after breach of personal information. Most of the state statutes followed the model set forth by California’s Security Breach Notification Act of 2002. However, significant variations exist between the different statutes, which can create compliance problems. This Article specifically illustrates the …
Federal Search Commission? Access, Fairness, And Accountability In The Law Of Search, Oren Bracha, Frank Pasquale
Federal Search Commission? Access, Fairness, And Accountability In The Law Of Search, Oren Bracha, Frank Pasquale
Faculty Scholarship
Should search engines be subject to the types of regulation now applied to personal data collectors, cable networks, or phone books? In this article, we make the case for some regulation of the ability of search engines to manipulate and structure their results. We demonstrate that the First Amendment, properly understood, does not prohibit such regulation. Nor will such interventions inevitably lead to the disclosure of important trade secrets.
After setting forth normative foundations for evaluating search engine manipulation, we explain how neither market discipline nor technological advance is likely to stop it. Though savvy users and personalized search may …
Katz V. United States: The Untold Story, Harvey A. Schneider
Katz V. United States: The Untold Story, Harvey A. Schneider
McGeorge Law Review
No abstract provided.
Symbiotic Regulation, 26 J. Marshall J. Computer & Info. L. 207 (2008), Andrew Murray
Symbiotic Regulation, 26 J. Marshall J. Computer & Info. L. 207 (2008), Andrew Murray
UIC John Marshall Journal of Information Technology & Privacy Law
In this paper the author points out that complexity is at the heart of much of the work of today’s academia. The paper explains how the role of an academic researcher may be defined as studying and modelling complexity in an effort to make it accessible to a wider audience. This article models the complexity of regulatory relationships in communications networks and in particular the Internet. First, the article models the complexity of the regulatory environment. Next, it explains how regulators may harness the power of the network to achieve effective regulatory settlements by harnessing symbiotic regulation. Finally, it explains …
The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 25 J. Marshall J. Computer & Info. L. 337 (2008), Joshua Deitz, Kakuti Lin, Lindsey Shinn
The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 25 J. Marshall J. Computer & Info. L. 337 (2008), Joshua Deitz, Kakuti Lin, Lindsey Shinn
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Katz And The Origins Of The Reasonable Expectation Of Privacy Test, Peter Winn
Katz And The Origins Of The Reasonable Expectation Of Privacy Test, Peter Winn
McGeorge Law Review
No abstract provided.
Public Assistance For The Price Of Privacy: Leaving The Door Open On Welfare Home Searches, Preston L. Morgan
Public Assistance For The Price Of Privacy: Leaving The Door Open On Welfare Home Searches, Preston L. Morgan
McGeorge Law Review
No abstract provided.
Internet Infrastructure And Online Alternative Dispute Resolution, 25 J. Marshall J. Computer & Info. L. 217 (2008), Haitham A. Haloush
Internet Infrastructure And Online Alternative Dispute Resolution, 25 J. Marshall J. Computer & Info. L. 217 (2008), Haitham A. Haloush
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
All Or Nothing: This Is The Question? The Application Of Article 3(2) Data Protection Directive 95/46/Ec To The Internet, 25 J. Marshall J. Computer & Info. L. 241 (2008), Rebecca Wong, Joseph Savirimuthu
All Or Nothing: This Is The Question? The Application Of Article 3(2) Data Protection Directive 95/46/Ec To The Internet, 25 J. Marshall J. Computer & Info. L. 241 (2008), Rebecca Wong, Joseph Savirimuthu
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Dancing In The Rain: Who Is Your Partner In The Corporate Boardroom?, 25 J. Marshall J. Computer & Info. L. 267 (2008), Maureen Duffy-Lewis, Daniel B. Garrie
Dancing In The Rain: Who Is Your Partner In The Corporate Boardroom?, 25 J. Marshall J. Computer & Info. L. 267 (2008), Maureen Duffy-Lewis, Daniel B. Garrie
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Safety Vs. Security: How Broad But Selective Public Access To Environmental Data Properly Balances Communities' Safety And Homeland Security, 25 J. Marshall J. Computer & Info. L. 273 (2008), Brad Schweiger
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 25 J. Marshall J. Computer & Info. L. 305 (2008), Leslie Ann Reis, David E. Sorkin, Panagiota Kelali, Jessica Diehl, Carlos A. Encinas, Matthew Hector, Gina Spada, Steven Tseng, Priya Krishnamoorthy Venkat
The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 25 J. Marshall J. Computer & Info. L. 305 (2008), Leslie Ann Reis, David E. Sorkin, Panagiota Kelali, Jessica Diehl, Carlos A. Encinas, Matthew Hector, Gina Spada, Steven Tseng, Priya Krishnamoorthy Venkat
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 25 J. Marshall J. Computer & Info. L. 371 (2008), Stacy Appleton, Adam Butkus, Nick Mutton
The Twenty-Sixth Annual John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 25 J. Marshall J. Computer & Info. L. 371 (2008), Stacy Appleton, Adam Butkus, Nick Mutton
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Future Of Privacy Policies: A Privacy Nutrition Label Filled With Fair Information Practices, 26 J. Marshall J. Computer & Info. L. 1 (2008), Corey A. Ciocchetti
The Future Of Privacy Policies: A Privacy Nutrition Label Filled With Fair Information Practices, 26 J. Marshall J. Computer & Info. L. 1 (2008), Corey A. Ciocchetti
UIC John Marshall Journal of Information Technology & Privacy Law
The article looks at the threats accompanying online shopping, such as identity theft and aggregated data files. Such issues arise when companies carelessly lose laptops filled with unencrypted data or callously sell data on the open market with collected personally identifying information (PII). The article explains that although privacy policies are supposed to force companies to strengthen their privacy practices they are not always effective because companies often post inconspicuous, vague and legalese-filled policies. These ambiguous postings cause online shoppers to blindly submit PII and ignore privacy practices completely. The article proposes a solution to this problem through the standardization …