Privacy Law Commons^™

Democratic Legitimacy And Data Governance: Data Privacy Philosophy And Regulatory Preferences In The U.S. Vs Eu, Mia H. Truong

Student Scholar Symposium Abstracts and Posters

The rapid expansion of artificial intelligence and large-scale data collection has intensified tensions between commercial innovation and consumer privacy, raising a fundamental democratic question: do Americans understand their data protections–and does this shape their demand for regulation? The EU and U.S. represent two fundamentally opposed approaches to data privacy regulation: the EU's General Data Protection Regulation (GDPR) treats personal data as a fundamental human right, rooted in post-WWII constitutional protections against state surveillance and authoritarianism, while the U.S. operates through fragmented, sector-specific state laws that treat personal data as a market commodity. This study is the first to empirically investigate …

Beyond Digital Pessimism: How A Focus On Trust Can Enhance Eu Digital Law, Neil M. Richards, Woodrow Hartzog, Claire Boine, Lea Despotis

Scholarship@WashULaw

Lawmakers looking to foster technological innovation on the European market are adopting laws they hope will promote consumer trust in digital products. Their strategy can be broken down into three components. First, they aim to empower consumers to choose how much data they want to share with companies through an express consent framework. Second, they seek to avoid harms from digital products through product safety law such as adapting the Product Safety Regulation to digital products or adopting the AI Act. Third, they endeavor to prevent manipulation of consumers through digital means.

In this essay, we argue that while laudable, …

Beyond Digital Pessimism: How A Focus On Trust Can Enhance Eu Digital Law, Neil Richards, Woodrow Hartzog, Claire Boine, Lea Despotis

Faculty Scholarship

Lawmakers looking to foster technological innovation on the European market are adopting laws they hope will promote consumer trust in digital products. Their strategy can be broken down into three components. First, they aim to empower consumers to choose how much data they want to share with companies through an express consent framework. Second, they seek to avoid harms from digital products through product safety law such as adapting the Product Safety Regulation to digital products or adopting the AI Act. Third, they endeavor to prevent manipulation of consumers through digital means.

In this essay, we argue that while laudable, …

The Power Of Procedure: Uncovering The Gap In U.S. Privacy Rights, Bernard Chao, Mandi Abbott

Pepperdine Law Review

As Congress faces increasing pressure to adopt comprehensive privacy legislation, this Article seeks to contribute to the ongoing discussions by exploring critical procedural deficiencies in U.S. privacy laws and their implications for domestic privacy rights and international data flows. This Article makes several key contributions to the field. First, it uses a comparative law perspective to highlight the lack of robust procedural rights and remedies in U.S. privacy law. Second, while many have questioned whether the Court of Jus tice for the European Union will strike down the latest U.S.-EU Data Privacy Framework (the primary mechanism for allowing the transatlantic …

The False Choice Between Digital Regulation And Innovation, Anu Bradford

Northwestern University Law Review

This Article challenges the common view that more stringent regulation of the digital economy inevitably compromises innovation and undermines technological progress. This view, vigorously advocated by the tech industry, has shaped the public discourse in the United States, where the country’s thriving tech economy is often associated with a staunch commitment to free markets. U.S. lawmakers have also traditionally embraced this perspective, which explains their hesitancy to regulate the tech industry to date. The European Union has chosen another path, regulating the digital economy with stringent data privacy, antitrust, content moderation, and other digital regulations designed to shape the evolution …

The Data Heist: Protecting Consumers And Their Information Through Opt-In Consent, John A. Hudson

Arkansas Law Review

This Comment will: (1) compare and contrast the data privacy laws in the United States and the European Union; (2) demonstrate the significant risk American consumers are subject to under the United States’ current laws and regulations; and (3) address the protections provided by the European Union’s explicit opt-in consent requirement that would ensure safer conditions for American consumers.

The Trade Origins Of Privacy Law, Anupam Chander

Indiana Law Journal

The desire for trade propelled the growth of data privacy law across the world. Countries with strong privacy laws sought to ensure that their citizens’ privacy would not be compromised when their data traveled to other countries. Even before this vaunted Brussels Effect pushed privacy law across the world through the enticement of trade with the European Union, Brussels had to erect privacy law within the Union itself. And as the Union itself expanded, privacy law was a critical condition for accession.

But this coupling of privacy and trade leaves a puzzle: how did the U.S. avoid a comprehensive privacy …

The Trade Origins Of Privacy Law, Anupam Chander

Georgetown Law Faculty Publications and Other Works

The desire for trade propelled the growth of data privacy law across the world. Countries with strong privacy laws sought to ensure that their citizens’ privacy would not be compromised when their data traveled to other countries. Even before this vaunted Brussels Effect pushed privacy law across the world through the enticement of trade with the European Union, Brussels had to erect privacy law within the Union itself. And as the Union itself expanded, privacy law was a critical condition for accession.

But this coupling of privacy and trade leaves a puzzle: how did the U.S. avoid a comprehensive privacy …

Our Changing Reality: The Metaverse And The Importance Of Privacy Regulations In The United States, Anushkay Raza

Global Business Law Review

This Note discusses the legal and pressing digital challenges that arise in connection with the growing use of virtual reality, and more specifically, the metaverse. As this digital realm becomes more integrated into our daily lives, the United States should look towards creating a federal privacy law that protects fundamental individual privacy rights. This Note argues that congress should emulate the European Union's privacy regulations, and further, balances the potential consequences and benefits of adapting European regulations within the United Sates. Finally, this Note provides drafting considerations of future lawyers who will not only be dealing with the rise of …

Direct To Consumer Or Direct To All: Home Dna Tests And Lack Of Privacy Regulations In The United States, Karen J. Kukla

IP Theory

Although the U.S. has some measures of privacy protection for genetic data, the lack of a comprehensive approach to protecting direct-to-consumer genetic testing results in privacy violations for both consumers and their relatives. This essay explores the critical need for the U.S. government to address these privacy violations and argues that the U.S. should approach the problem and strategize a solution similar to the European Union’s (EU) General Data Protection Regulation (GDPR). Part I identifies current United States law, both federal and state regulations that address DTC-GT and genetic privacy. Part II examines the lack of regulation surrounding current DTC-GT …

On Facial Recognition, Regulation, And "Data Necropolitics", Antonio Pele, Caitlin Mulholland

Indiana Journal of Global Legal Studies

This paper argues for actual and legal regulation of artificial intelligence (AI) and facial recognition. These new technologies represent great opportunities to improve the welfare of societies. However, some of their uses can also enhance discrimination and, eventually, lead to violence. From a comparative approach (examining the European Union and Brazil), we address the current and future aspects of facial regulation, AI, and personal data. This paper shows that regulation is relevant to protect the rule of law, free markets, and individual freedoms. It also examines the looming risks unfolding from the unregulated uses of new technologies. Our concept of …

Privacy Discussion Forum: Introduction, Russell L. Weaver

FIU Law Review

No abstract provided.

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 …

A Zebra's Trust: How Rare Disease Communities' Participation In Data Trusts' Governance Builds Trust And Drives Research, Samantha C. Smith

Vanderbilt Journal of Transnational Law

Data sharing plays an increasingly prominent role in society, but it remains a necessary component of rare disease research. Because rare diseases are--as the name indicates-- rare, researchers have only a small number of patients from whom to collect data, and the expense of cross-border data sharing to increase research data is significant. Nevertheless, the rise of artificial intelligence and precision medicine increases the need for usable rare disease data. Current legislation and regulations aimed at addressing rare diseases fall short in addressing these data sharing needs for rare disease research. While the European Union (EU) has invested in rare …

How The World's Largest Economies Regulate Data Privacy: Drawbacks, Benefits, & Proposed Solutions, Alexander J. Pantos

Indiana Journal of Global Legal Studies

National data privacy regimes are quickly gaining traction and ubiquity around the globe. Moving forward, countries will face a range of difficult decisions surrounding how best to engage internationally in cross border data flow, particularly in the context of personal information (PI).

This article takes a bird's-eye view of the current state of data privacy regimes in the world's four highest GDP regions. In part, this article hopes to provide a succinct analysis of these data privacy regimes, with a focus on the balance they strike between granting individuals rights in their data and placing responsibilities on businesses that deal …

Torn Between Institutionalisation & Judicialisation: The Demise Of The Eu-Us Privacy Shield, Elaine Fahey, Fabien Terpan

Indiana Journal of Global Legal Studies

In July 2016, the EU-US (European Union-United States) Privacy Shield came into force, replacing the EU-US Safe Harbour, to address the concerns around data collection and privacy that arose in the case of Schrems v. European Data Commissioner (C-362/14). The Court of Justice of the European Union (CJEU) in its ruling known as Schrems I took a position in defence of privacy in the context of Edward Snowden's revelations on the National Security Agency's (NSA) surveillance programs. This context had already spurred the development of several instruments and enforcement regimes, such as the General Data Protection Regulation (GDPR), adopted in …

The General Data Protection Regulation And Open Source Software Communities, Amye Scavarda Perrin

Cybaris®

No abstract provided.

Poland’S Challenge To Eu Directive 2019/790: Standing Up To The Destruction Of European Freedom Of Expression, Michaela Cloutier

Dickinson Law Review (2017-Present)

In 2019, the European Parliament and Council passed Directive 2019/790. The Directive’s passage marked the end of a fouryear- long legislative attempt to impose more liability for copyright violations on Online Service Providers, an effort which was controversial from the start. Online Service Providers fear that the 2019 Directive, especially its Article 17, will completely change the structure of liability on the Internet, forcing providers to adopt expensive content filtering systems. Free speech advocates fear that ineffective filtering technology will infringe upon Internet users’ rights to express themselves, and legal scholars have pointed out the Directive’s inconsistency with prior European …

The Balkanization Of Data Privacy Regulation, Fernanda G. Nicola, Oreste Pollicino

West Virginia Law Review

No abstract provided.

The Gdpr And The Consequences Of Big Regulation, Matthew R. A. Heiman

Pepperdine Law Review

This Article summarizes the key features of the European Union’s General Data Privacy Regulation (GDPR) that became effective on May 25, 2018. The stated purpose of the law is to give individuals greater control over personal information that is handled by companies and organizations. The Article argues that the GDPR is fundamentally flawed. Key terms within the GDPR are undefined; the burdens of the GDPR will fall heaviest on small businesses; the GDPR disrupts a valuable business model; the GDPR will stymie growth, innovation, and information sharing; and it may be the product of protectionist impulses rather than concerns for …

Data Imperialism: The Gdpr's Disastrous Impact On Africa's E-Commerce Markets, Cara Mannion

Vanderbilt Journal of Transnational Law

The European Union (EU) recently passed the General Data Protection Regulation--a sweeping regulatory framework that sets a new global standard for the collection, storage, and use of personal data. To ensure far-reaching compliance with the GDPR, the EU has adopted a strict take-it-or-leave-it approach--countries that wish to engage with digital users in the EU must either comply with the GDPR's expansive data obligations or risk losing access to the world's largest trading block.

This presents significant obstacles for several African nations. Notably, no African country currently has domestic laws that comply with the GDPR. Even if they did, several African …

Mind Your Businesses: Why Georgia Companies Should Worry About European Privacy Law, Emily E. Seaton

Georgia Journal of International & Comparative Law

No abstract provided.

Cashless Societies And The Rise Of The Independent Cryptocurrencies: How Governments Can Use Privacy Laws To Compete With Independent Cryptocurrencies, Matla Garcia Chavolla

Pace International Law Review

Many individuals (including governments) envision living in a future world where physical currency is a thing of the past. Many countries have made great strides in their efforts to go cashless. At the same time, there is increasing awareness among citizens of the decreasing amount of privacy in their lives. The potential hazards cashless societies pose to financial privacy may incentivize citizens to hold some of their money in independent cryptocurrencies. This article argues that in order for governments in cashless societies to keep firm control over their money supply, they should enact stronger privacy law protections for its citizens …

"You Have The Data"...The Writ Of Habeas Data And Other Data Protection Rights: Is The United States Falling Behind?, Sarah L. Lode

Indiana Law Journal

In Part I of this Note, I will discuss the writ of habeas data that has been developed primarily, but not exclusively, in Latin American countries. I will discuss the intricacies of the writ, how it evolved, and how it is applied today. Using Argentina as an example, I will discuss how the writ would be used by an Argentine citizen to protect her personal data. Part II summarizes the previously employed data protection scheme in the European Union, the Data Protection Directive (“the Directive”), and will also discuss the new EU data protection regulation, the General Data Protection Regulation …

If The Legislature Had Been Serious About Data Privacy..., Fred H. Cate, Christopher Kuner, Orla Lynskey, Christopher Millard, Nora Ni Loideain, Dan Jerker B. Svantesson

Articles by Maurer Faculty

No abstract provided.

The Tortoise And The Hare Of International Data Privacy Law: Can The United States Catch Up To Rising Global Standards?, Matthew Humerick

Catholic University Journal of Law and Technology

Technological developments spur the development of big data on a global scale. The breadth of data companies collect, maintain, process, and transmit affects nearly every country and organization around the world. Inherent to big data are issues of data protection and transfers to third countries. While many jurisdictions emphasize the importance of protecting consumer data, such as the European Union, others, like the United States, do not. To circumvent this issue, the United States and European Union contracted around data privacy standard discrepancies through the Safe Harbor Agreement, which eased cross-border data transfers. However, the Court of Justice of the …

The Gdpr’S Version Of Algorithmic Accountability, Margot Kaminski

Publications

No abstract provided.

A Look Into The Data Privacy Crystal Ball: A Survey Of Possible Outcomes For The Eu-U.S. Privacy Shield Agreement, Emily Linn

Vanderbilt Journal of Transnational Law

The trade relationship between the European Union and the United States, the largest cross-border data flow in the world, is in a state of uncertainty. Operating under different notions of what privacy should look like and divergent legal protections for personal data, the European Union and United States have struggled to reach a mutually acceptable agreement in the past. This Note analyzes their latest attempt, the EU-U.S. Privacy Shield, with specific emphasis on (1) the way it has improved upon its predecessor, the EU-U.S. Safe Harbor; (2) the weaknesses that still remain; and (3) the external factors that threaten the …

Balancing A Right To Be Forgotten With A Right To Freedom Of Expression In The Wake Of Google Spain V. Aepd, Shaniqua Singleton

Georgia Journal of International & Comparative Law

No abstract provided.

The Language Of Data Privacy Law (And How It Differs From Reality), Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Christopher Millard

Articles by Maurer Faculty

No abstract provided.