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Articles 31 - 44 of 44
Full-Text Articles in Privacy Law
The Need For An International Convention On Data Privacy: Taking A Cue From The Cisg, Morgan Corley
The Need For An International Convention On Data Privacy: Taking A Cue From The Cisg, Morgan Corley
Brooklyn Journal of International Law
In light of the invalidation of the U.S.-EU Safe Harbor, along with the increase in sales of personal data as a commodity, data privacy has become a major concern amongst different nations. The lack of harmonization of data-privacy laws around the world continues to pose obstacles to the free flow of data across national borders. The free flow of data is, nonetheless, essential the international economy. As a result, nations continue to work together to try to create mechanisms by which data can be transferred across borders in a secure manner. This Note examines the current state of data-privacy law …
The Global Data Protection Implications Of "Brexit", Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Christopher Millard
The Global Data Protection Implications Of "Brexit", Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Christopher Millard
Articles by Maurer Faculty
No abstract provided.
Risk Management In Data Protection, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson, Orla Lynskey
Risk Management In Data Protection, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson, Orla Lynskey
Articles by Maurer Faculty
No abstract provided.
Forget Me, Forget Me Not: Reconciling Two Different Paradigms Of The Right To Be Forgotten, Lawrence Siry
Forget Me, Forget Me Not: Reconciling Two Different Paradigms Of The Right To Be Forgotten, Lawrence Siry
Kentucky Law Journal
In May of 2014, the Court of Justice of the European Union handed down its decision in the case of Google Spain SL v. Agencia Española de Protección de Datos. This landmark decision ignited a firestorm of debate over the "right to be forgotten": the right of users to withdraw information about themselves available on the internet. With concerns about the restriction of the freedom of expression on the internet, many commentators have criticized the decision as unworkable and dangerous. Others have recognized continuity in the development of privacy and data protection jurisprudence within the European courts. Meanwhile in …
Data Protection In The European Union: A Closer Look At The Current Patchwork Of Data Protection Laws And The Proposed Reform That Could Replace Them All, Christina Glon
Faculty Articles
Laws protecting a European's right to control the flow of their own personal data (also known as "data privacy") date back as early as 1950. In the 65 years since the Council of Europe declared that every person has the fundamental "right to respect for his private and family life, his home and his correspondence," a patchwork of conventions, directives, treaties and communications have been created to ensure the ongoing protection of this right. However, in recent years, this patchwork approach has been unable to keep up with the pace of technology and has created confusion and concern for the …
Drawing The Line Between Competing Interests: Strengthening Online Data Privacy Protection In An Increasingly Networked World, Lori Chiu
San Diego International Law Journal
This article seeks to elucidate these issues and provide a roadmap for the U.S. government to create unified federal laws to provide the private sector with specific protocols regarding use and dissemination of consumer personal information. First, this article will provide an explanation of the U.S.’s current sector-by-sector approach to regulating personally identifying information and will provide a case study of the Federal Trade Commission’s (“FTC”) enforcement action against a social networking site in 2011 as one example of the FTC’s recent efforts at regulating online privacy. Next, this article will analyze the U.S.’s current challenge of judicial enforcement of …
The Intricacies Of Independence, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantession
The Intricacies Of Independence, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantession
Articles by Maurer Faculty
No abstract provided.
The Cambridge Companion To European Union Private Law, Daniela Caruso
The Cambridge Companion To European Union Private Law, Daniela Caruso
Shorter Faculty Works
Well into its teens by now, the private law of the European Union has its own companion. The very appearance of a publication of this sort is indeed a coming-of-age moment for a discipline whose existence was hard to fathom until the 1980s. Member states’ judges and lawyers have come full circle, from resisting European Union private law as an intrusion into a quintessentially national sphere, to embracing it as a natural consequence of market integration. The question is no longer whether or not to approximate the private laws of the member states. The question is how to do it. …
Do Not Track: Revising The Eu’S Data Protection Framework To Require Meaningful Consent For Behavioral Advertising, Matthew S. Kirsch
Do Not Track: Revising The Eu’S Data Protection Framework To Require Meaningful Consent For Behavioral Advertising, Matthew S. Kirsch
Richmond Journal of Law & Technology
The advertisements you see while browsing the Internet are rarely accidental. For instance, Alliance Data, one of many new companies in the booming data-marketing industry, can instantaneously recognize that a user visiting their client’s website is Joel Stein, a thirty-nine year-old, college educated male, who makes over $125,000 a year. Alliance Data also knows that Joel is likely to make purchases online, but only spends about $25 dollars a purchase. Using this information, and the specifics of over 100 of Joel’s past online purchases, Alliance Data creates advertisements specifically tailored to Joel and displays them as he continues to browse …
Consumer Privacy And Radio Frequency Identification Technology, Teresa Scassa, Theodore Chiasson, Michael Deturbide, Anne Uteck
Consumer Privacy And Radio Frequency Identification Technology, Teresa Scassa, Theodore Chiasson, Michael Deturbide, Anne Uteck
Articles, Book Chapters, & Popular Press
Radio Frequency ID tags are poised to replace the UPC barcode as a mechanism for inventory control in the wholesale and retail contexts. Yet the tiny chips offer a range of potential uses that go beyond the bar code. In this paper the authors define RFID technology and its applications. They explore the privacy implications of this technology and consider recent attempts in the U.S. and European Union to grapple with the privacy issues raised by the deployment of RFIDs at the retail level. The authors then consider the extent to which Canada's Personal Information Protection and Electronic Documents Act …
Transgovernmental Networks Vs. Democracy: The Case Of The European Information Privacy Network, Francesca Bignami
Transgovernmental Networks Vs. Democracy: The Case Of The European Information Privacy Network, Francesca Bignami
Michigan Journal of International Law
The perspective offered by this Article is twofold. The emergence of transgovernmental networks gives rise to two questions, one causal and the other normative. First, how do we explain transnational cooperation through networks? Why do governments and regulators choose to establish networks rather than retain virtually limitless discretion over policymaking, conditioned only by international legal obligations? Based on the author’s examination of the records of the intergovernmental negotiations on the Data Protection Directive, this Article concludes that one precondition for fettering national discretion through networks is common preferences among governments on the substance of the policy to be administered. Compared …
The Emperor Has No Clothes: A Critique Of Applying The European Union Approach To Privacy Regulation In The United States, David R. Nijhawan
The Emperor Has No Clothes: A Critique Of Applying The European Union Approach To Privacy Regulation In The United States, David R. Nijhawan
Vanderbilt Law Review
Internet users in the United States and the European Union ("EU") often debate the state of international data privacy, while scholars and companies also present questions to the Internet community regarding the regulation of data privacy and the amount of regulation required in the U.S. Inquiries range from how to determine the necessary degree of regulation and how to implement regulations to how to enforce any regulations that the U.S. lawmakers may pass. Historically, the EU and the U.S. approach data privacy regulations in diametrically opposed ways. While the EU relies primarily on legislation and heavy regulation, the U.S. has …
The Eu Privacy Directive And The Resulting Safe Harbor, Angela Vitale
The Eu Privacy Directive And The Resulting Safe Harbor, Angela Vitale
Vanderbilt Journal of Transnational Law
The rapid growth of the Internet and the importance of international business operations have thrust the issue of Internet privacy into the center of domestic and international political debates. Varying definitions of privacy have led to numerous--often inconsistent--legislative schemes to protect privacy on the Internet. These inconsistencies have made it difficult for companies to penetrate foreign markets and to maintain international operations. Of primary concern to U.S. companies is the EU Privacy Directive. The Directive requires U.S. companies that attempt to interact with potential customers or their own employees in the European Union either to qualify for a "Safe Harbor" …
The European Union Data Privacy Directive And International Relations, Steven R. Salbu
The European Union Data Privacy Directive And International Relations, Steven R. Salbu
Vanderbilt Journal of Transnational Law
This Article explores the European Union Data Privacy Directive and its impact upon international relations. Part II provides a background upon which the Privacy Directive is built. In Part III, the Article confronts the differences between how the United States and its European counterparts address privacy issues generally. Part IV analyzes the Privacy Directive in detail, while Part V explores possible effects that the Privacy Directive might have on international relations.