Open Access. Powered by Scholars. Published by Universities.®

Privacy Law Commons

Open Access. Powered by Scholars. Published by Universities.®

3,587 Full-Text Articles 3,471 Authors 2,238,239 Downloads 143 Institutions

All Articles in Privacy Law

Faceted Search

3,587 full-text articles. Page 1 of 106.

Small Business Cybersecurity: A Loophole To Consumer Data, Matthew R. Espinosa 2022 St. Mary's University School of Law

Small Business Cybersecurity: A Loophole To Consumer Data, Matthew R. Espinosa

The Scholar: St. Mary's Law Review on Race and Social Justice

Small businesses and small minority owned businesses are vital to our nation’s economy; therefore legislation, regulation, and policy has been created in order to assist them in overcoming their economic stability issues and ensure they continue to serve the communities that rely on them. However, there is not a focus on regulating nor assisting small businesses to ensure their cybersecurity standards are up to par despite them increasingly becoming a victim of cyberattacks that yield high consequences. The external oversight and assistance is necessary for small businesses due to their lack of knowledge in implementing effective cybersecurity policies, the ...


Pov: What Rights Could Unravel Next, In Light Of Draft Opinion By Scotus Overturning Roe V. Wade, Robert L. Tsai 2022 Boston University School of Law

Pov: What Rights Could Unravel Next, In Light Of Draft Opinion By Scotus Overturning Roe V. Wade, Robert L. Tsai

Shorter Faculty Works

Beyond what Alito’s draft opinion in Dobbs v. Jackson Women’s Health Organization portends for the future of abortion rights is the striking method of analysis he employs in the reported draft. Despite his many efforts to reassure that the opinion “does not undermine” other constitutional rights “in any way,” it actually outlines a roadmap for the withdrawal of other cherished constitutional rights.


I Spy With My Little--Gps Tracking Device: Why Georgia Should Look To The United Kingdom's Domestic Violence Laws To Deter Innovative Abuses Of Technology, Tyerus Skala 2022 University of Georgia School of Law

I Spy With My Little--Gps Tracking Device: Why Georgia Should Look To The United Kingdom's Domestic Violence Laws To Deter Innovative Abuses Of Technology, Tyerus Skala

Georgia Journal of International & Comparative Law

No abstract provided.


Is The End Of Roe V. Wade Near? Leaked Scotus Brief Says Yes, Nicole Huberfeld, Linda C. McClain 2022 Boston University School of Public Health; Boston University School of Law

Is The End Of Roe V. Wade Near? Leaked Scotus Brief Says Yes, Nicole Huberfeld, Linda C. Mcclain

Shorter Faculty Works

Protesters on both sides of the abortion debate descended on the US Supreme Court Monday night and into Tuesday after a leaked secret draft of a US Supreme Court opinion indicated that a majority of justices support overturning Roe v. Wade, after almost 50 years of legalized abortion rights in America. If finalized, possibly as soon as this summer, the bombshell could trigger a cultural tsunami across American life, forcing some women to travel to another state for an abortion and putting the divisive issue at the heart of the fall midterm elections.


Recalibrating The Sex Offender Registration System, Erin Schoenbeck Byre 2022 University of St. Thomas, Minnesota

Recalibrating The Sex Offender Registration System, Erin Schoenbeck Byre

University of St. Thomas Law Journal

No abstract provided.


Digging Out From Under Section 50-A: The Initial Impact Of Public Access To Police Misconduct Records In New York State, Cynthia Conti-Cook 2022 University of St. Thomas, Minnesota

Digging Out From Under Section 50-A: The Initial Impact Of Public Access To Police Misconduct Records In New York State, Cynthia Conti-Cook

University of St. Thomas Law Journal

No abstract provided.


A Hacker “May” Have Accessed Your Data: Can Victims Of Data Breaches Sue Before Alleging Misuse?, John Landzert 2022 Boston College Law School

A Hacker “May” Have Accessed Your Data: Can Victims Of Data Breaches Sue Before Alleging Misuse?, John Landzert

Boston College Law Review

On February 4, 2021, in Tsao v. Captiva MVP Restaurant Partners, LLC, the United States Court of Appeals for the Eleventh Circuit held that the mere existence of a data breach is insufficient to grant plaintiffs standing to sue the company that exposed their personal information. By doing so, the Eleventh Circuit aligned itself with the Second, Third, Fourth, and Eighth Circuits. In contrast, the Sixth, Seventh, Ninth, and D.C. Circuits have granted standing in such cases. This Comment argues that the Eleventh Circuit properly applied Supreme Court jurisprudence at the time it decided Tsao and, in light of ...


2l Brian Hills Honored With Iapp Annual Westin Scholar Award, James Owsley Boyd 2022 Maurer School of Law - Indiana University

2l Brian Hills Honored With Iapp Annual Westin Scholar Award, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.


Confidentiality, Warning And Aids: A Proposal To Protect Patients, Third Parties And Physicians, 2022 Touro College Jacob D. Fuchsberg Law Center

Confidentiality, Warning And Aids: A Proposal To Protect Patients, Third Parties And Physicians

Touro Law Review

No abstract provided.


Risk And Rights In Transatlantic Data Transfers: Eu Privacy Law, U.S. Surveillance, And The Search For Common Ground, Ira Rubinstein, Peter Margulies 2022 University of Connecticut

Risk And Rights In Transatlantic Data Transfers: Eu Privacy Law, U.S. Surveillance, And The Search For Common Ground, Ira Rubinstein, Peter Margulies

Connecticut Law Review

Privacy advocates rightly view the Court of Justice of the European Union (CJEU) decision in Data Protection Commissioner v. Facebook Ireland Ltd. and Maximilian Schrems (Schrems II) as a landmark. But, one stakeholder’s landmark is another’s headache. The CJEU’s decision invalidated the EU-U.S. Privacy Shield agreement governing transatlantic transfers of personal data. Citing U.S. surveillance, the CJEU found that data transfers lacked adequate privacy protections under the EU’s General Data Protection Regulation (GDPR). The Schrems II decision thus clouded the future of data transfers that help drive the global economy. This Article offers a ...


The Law Of Employee Data: Privacy, Property, Governance, Matthew T. Bodie 2022 Saint Louis University

The Law Of Employee Data: Privacy, Property, Governance, Matthew T. Bodie

Indiana Law Journal

The availability of data related to the employment relationship has ballooned into an unruly mass of performance metrics, personal characteristics, biometric recordings, and creative output. The law governing this collection of information has been awkwardly split between privacy regulations and intellectual property rights, with employees generally losing on both ends. This Article rejects a binary approach that either carves out private spaces ineffectually or renders data into isolated pieces of ownership. Instead, the law should implement a hybrid system that provides workers with continuing input and control without blocking efforts at joint production. In addition, employers should have fiduciary responsibilities ...


Right Of Self, Mitchell F. Crusto 2022 Loyola University New Orleans College of Law

Right Of Self, Mitchell F. Crusto

Washington and Lee Law Review

The exercise of free will against tyranny is the single principle that defines the American spirit, our history, and our culture. From the American Revolution through the Civil War, the two World Wars, the Civil Rights Movement, and up to today, Americans have embraced the fundamental rights of the individual against wrongful governmental intrusion. This is reflected in our foundational principles, including the Magna Carta, the Bill of Rights to the United States Constitution, the Reconstruction Amendments, the Nineteenth Amendment, and, more recently, in the Supreme Court’s recognition of fundamental individual rights within the Constitution’s penumbras. However, there ...


The New State Of Surveillance: Societies Of Subjugation, Khaled Ali Beydoun 2022 Wayne State University Law School

The New State Of Surveillance: Societies Of Subjugation, Khaled Ali Beydoun

Washington and Lee Law Review

Foundational surveillance studies theory has largely been shaped in line with the experiences of white subjects in western capitalist societies. Formative scholars, most notably Michel Foucault and Gilles Deleuze, theorized that the advancement of surveillance technology tempers the State’s reliance on mass discipline and corporal punishment. Legal scholarship examining modern surveillance perpetuates this view, and popular interventions, such as the blockbuster docudrama The Social Dilemma and Shoshana Zuboff’s bestseller The Age of Surveillance Capitalism, mainstream the myth of colorblind surveillance. However, the experiences of nonwhite subjects of surveillance—pushed to or beyond the margins of these formative ...


Private Rights Of Action In Privacy Law, Lauren Henry Scholz 2022 William & Mary Law School

Private Rights Of Action In Privacy Law, Lauren Henry Scholz

William & Mary Law Review

Many privacy advocates assume that the key to providing individuals with more privacy protection is strengthening the government’s power to directly sanction actors that hurt the privacy interests of citizens. This Article contests the conventional wisdom, arguing that private rights of action are essential for privacy regulation. First, I show how private rights of action make privacy law regimes more effective in general. Private rights of action are the most direct regulatory access point to the private sphere. They leverage private expertise and knowledge, create accountability through discovery, and have expressive value in creating privacy-protective norms. Then to illustrate ...


Normative Models For The Protection Of Children And Teenagers’ Personal Data, Hugo Teles, Marcelo Varella 2022 University Center of Brasilia

Normative Models For The Protection Of Children And Teenagers’ Personal Data, Hugo Teles, Marcelo Varella

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Me, Myself And My Digital Double: Extending Sara Greene’S Stealing (Identity) From The Poor To The Challenges Of Identity Verification, Michele E. Gilman 2022 University of Baltimore School of Law

Me, Myself And My Digital Double: Extending Sara Greene’S Stealing (Identity) From The Poor To The Challenges Of Identity Verification, Michele E. Gilman

All Faculty Scholarship

Identity is an essential part of the human condition. When one’s identity is stolen or when a state rejects a citizen’s identity, the consequences can be devastating to one’s notion of selfhood as well as undermine their economic security. In Stealing (Identity) from the Poor, Sara Greene explores the serious harms suffered by low-income people who are victimized by identity theft. She explains that our plutocratic regime of identity theft laws serves the interests of wealthier Americans at the expense of those experiencing poverty.

This Essay extends Greene’s analysis and framing to the harms of identity ...


Narrowing Data Protection's Enforcement Gap, Filippo Lancieri 2022 University of Maine School of Law

Narrowing Data Protection's Enforcement Gap, Filippo Lancieri

Maine Law Review

The rise of data protection laws is one of the most profound legal changes of this century. Yet, despite their nominal force and widespread adoption, available data indicates that these laws recurrently suffer from an enforcement gap—that is, a wide disparity between the stated protections on the books and the reality of how companies respond to them on the ground. Indeed, Appendix I to this Article introduces a novel literature review of twenty-six studies that analyzed the impact on the ground of the GDPR and the CCPA: none found a meaningful improvement in citizen’s data privacy. This raises ...


On The Propertization Of Data And The Harmonization Imperative, Luis Miguel M. del Rosario 2022 Fordham University School of Law

On The Propertization Of Data And The Harmonization Imperative, Luis Miguel M. Del Rosario

Fordham Law Review

The digital age has paved the way for unforeseen and unconscionable harms. Recent experiences with security breaches, surveillance programs, and mass disinformation campaigns have taught us that unchecked data collection, use, retention, and transfer have the potential to affect everything from health-care access to national security. And they have shown the growing need for a solution that addresses this proliferation of intangible collective harms. This Note champions data propertization—the process of establishing a bundle of rights in data comparable to those that comprise property interests—as the proper method for preventing and redressing data harms. More specifically, this Note ...


Unfair Collection: Reclaiming Control Of Publicly Available Personal Information From Data Scrapers, Andrew M. Parks 2022 University of Michigan Law School

Unfair Collection: Reclaiming Control Of Publicly Available Personal Information From Data Scrapers, Andrew M. Parks

Michigan Law Review

Rising enthusiasm for consumer data protection in the United States has resulted in several states advancing legislation to protect the privacy of their residents’ personal information. But even the newly enacted California Privacy Rights Act (CPRA)—the most comprehensive data privacy law in the country— leaves a wide-open gap for internet data scrapers to extract, share, and monetize consumers’ personal information while circumventing regulation. Allowing scrapers to evade privacy regulations comes with potentially disastrous consequences for individuals and society at large.

This Note argues that even publicly available personal information should be protected from bulk collection and misappropriation by data ...


Sociotechnical Safeguards For Genomic Data Privacy, Ellen W. Clayton, Zhiyu Wan, et al. 2022 Vanderbilt University Law School

Sociotechnical Safeguards For Genomic Data Privacy, Ellen W. Clayton, Zhiyu Wan, Et Al.

Vanderbilt Law School Faculty Publications

Recent developments in a variety of sectors, including health care, research and the direct-to-consumer industry, have led to a dramatic increase in the amount of genomic data that are collected, used and shared. This state of affairs raises new and challenging concerns for personal privacy, both legally and technically. This Review appraises existing and emerging threats to genomic data privacy and discusses how well current legal frameworks and technical safeguards mitigate these concerns. It concludes with a discussion of remaining and emerging challenges and illustrates possible solutions that can balance protecting privacy and realizing the benefits that result from the ...


Digital Commons powered by bepress