Privacy Law Commons^™

A Quantum Of Privacy, Anat Lior

Nevada Law Journal

No abstract provided.

Public Sector Use Of Private Sector Personal Data: Towards Best Practices, Teresa Scassa

Dalhousie Law Journal

Governments increasingly seek to use personal data sourced from the private sector for purposes that range from the generation of statistics to municipal planning. The data collected by companies is often high volume and rich in detail. Location and mobility data—which have many applications—are collected by multiple private sector actors, from cellular service providers to app developers and data brokers. Financial sector organizations amass rich data about the spending and borrowing habits of consumers. Even genetic data is collected by private sector companies. The range of available data is constantly growing as more and more data is harvested, and as …

Maximizing Productivity Through Digital Panopticism: Combatting Invasive Employee Surveillance Systems In The Workplace, Amber Wooten

West Virginia Law Review

The United States has experienced rapid advancements in surveillance technology and data collection in the past three decades. Conversely, since the COVID-19 pandemic, remote work opportunities have increased, with many remote workers being subjected to surveillance within their homes. Given the lack of significant statutory measures to safeguard remote employees against incessant surveillance, employers can monitor employees, collect data, and enforce unattainable productivity quotas with little repercussions. Despite these harms, the influx of remote jobs presents significant benefits, especially for states like West Virginia, which faces immense population decline and lacks consistent physical job opportunities. Remote work promotes flexibility and …

Personal Data Protection Law In Indonesia: Challenges And Opportunities, Moody Rizqy Syailendra, Gunardi Lie, Ahmad Sudiro

Indonesia Law Review

This research identifies challenges, obstacles and opportunities related to the issuance of Law No. 27 of 2022. Protection of personal data is crucial, especially in the use of information and communication technology in the current modern era. The contents of this article were analyzed using qualitative methods and secondary data in analyzing it. The research results show that: although the PDP Law was only implemented in 2022, regulations regarding PDP can actually be found in various pre-existing regulations, then there are principles and provisions that can be included in the PDP Law to better accommodate the need for protecting people's …

University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

Aligned With The Blueprint For An Ai Bill Of Rights? An Ai Transparency Evaluation Of Company Privacy Notices And Explanations, Jonathan A. Obar, Giuseppina D'Agostino, Motunrayo Akinyemi

Conference Papers

In its Blueprint for an AI Bill of Rights, the White House lists “notice and explanation” as one of five principles fundamental to protecting the American public as artificial intelligence (AI) is deployed. The Blueprint states “[y]ou should know that an automated system is being used and understand how and why it contributes to outcomes that impact you.” In its description of the notice/explanation principle, The White House emphasizes the importance of plain language explanations about AI use. Furthermore, a company should describe how it plans to use AI systems, how the systems work, and explain any risks to consumers. …

An Analysis Of United States V. Morta: Refining The Application Of The Other-Indicia Approach To Criminal-Alias Mail, Nicholas Manning

Pepperdine Law Review

Americans who use their legal names to send and receive mail through traditional postal services have long maintained a reasonable expectation of privacy in that mail under the Fourth Amendment. Courts have also recognized that even those who use aliases with traditional postal services have a reasonable expectation of privacy in their mail. But circuit courts have split over whether Americans who use aliases in mail purely for criminal purposes—such as sending or receiving drugs—should have that same expectation of privacy. More specifically, courts disagree over the correct approach to analyze a defendant’s criminal-alias mail for purposes of Fourth Amendment …

Rising Internet Shutdowns In India: A Legal Analysis, Shrutanjaya Bhardwaj, Nakul Nayak, Raja Venkata Krishna Dandamudi, Sarvjeet Singh, Veda Handa

Indian Journal of Law and Technology

The central theme of this paper is to critically study the interplay of internet shutdowns with the right to freedom of speech and expression. A study of this nature is necessitated by India’s abysmal record with inter- net shutdowns. We must hence begin examining Internet shutdowns seriously within the Indian constitutional framework. In the recent judgment of Anuradha Bhasin, the Supreme Court has accepted that Article 19(1)(a) protects the right to disseminate and receive information through the internet. Therefore, the constitutional validity of every internet shutdown would have to be tested (at least) against the three standards ordinarily applied …

Drug Clinical Trials Legislation In The European Union, Paola Sangiovanni, Flavio Monfrini, Marco Bertucci

Indian Journal of Law and Technology

The purpose of this article is to illustrate the basic tenets of European Union law on clinical trials. Such body of law has been progressively harmonized in the European Union over the years with the aim of subjecting interventional clinical trials conducted in any of the 27 European Union Member States to identical rules.

The article initially describes the reasons why clinical trials are important to measure the safety, efficacy and cost-effectiveness of innovative medical treatment. It then continues by illustrating the scope and basic principles of the current EU Regulation, as well as its main changes over the previous …

Protecting Privacy In India: The Roles Of Consent And Fairness In Data Protection, Mark J. Taylor, Jeannie Marie Paterson

Indian Journal of Law and Technology

The Indian Personal Data Protection Bill 2019 provides a unique approach to balancing the elements of individual consent and fairness-based limitations that are used in data protection regimes in other parts of the world. Drawing on the fundamental values and interests recognised in KS Puttaswamy v. Union of India (2017) and the report of the Committee of Experts, the Bill requires consent of the data subject to data processing, and puts in place standards that consent must meet to be more than a forced formality. Its novelty lies in also proposing substantive obligations of fair and reasonable data processing, and …

Sharing Of Children’S Health Data By Health Professionals And Parents – A Consideration Of Legal Duties, Dr. Carolyn Johnston

Indian Journal of Law and Technology

Children’s health data such as blood pressure, X-rays and written notes of medical examinations are produced in a clinical setting through health professionals’ interaction with their minor patients. Health care practitioners owe legal and professional obligations not to disclose such information without consent or other legally recognised authorisation. With the increasing advent of data generated by patients themselves from wearable devices such as continuous glucose monitors and health apps, the patient, or parents, have initial control of the data and decide who to share it with. Where wearable devices have been provided to parents by the child’s health care provider …

Conceptualizing An International Framework For Active Private Cyber Defence, Arindrajit Basu, Elonnai Hickok

Indian Journal of Law and Technology

Private sector cyber defence mechanisms are emerging despite existing legislation outlawing use of active defence by individuals and non-state entities. Thus, a key window exists for policy-makers in the possibility of establishing a framework for existing APCD practices that would enable optimal utilisation of private sector capabilities for securing cyber-space at an organizational and national level. This must happen in consonance with circumscribing their operations within the boundaries of the rule of law, both in terms of domestic legislation and international law. This paper seeks to unpack the complexities that underscore each of these challenges and identify avenues towards resolving …

Facing Up To The Risks Of Automated Facial-Recognition Technologies In Indian Law Enforcement, Ameen Jauhar

Indian Journal of Law and Technology

Within the larger discourse of risk mitigation of emerging technologies, the ever-expanding deployment of automated facial recognition technology (‘AFRT’) has garnered much skepticism. In India too, there has been a reported rise of states and law enforcement officials enthusiastically resorting to the use of AFRT.

The author will first delve into some of the controversial risks associated with AFRT, analysing them through the lens of Article 21 and the principle of due process under the Indian Constitution. The paper will then identify some of the regulatory solutions that are currently part of the discourse on minimising risks of AFRT and …

False Start On Nil: Public And Private Law Should Treat College Athletes Like Any Other Student, Jodi Balsam

Faculty Scholarship

No abstract provided.

Taxation Of Information And The Data Revolution, Yariv Brauner

UF Law Faculty Publications

Existing and universal income tax rules are inherently incompatible with an economy in which information-based transactions play a significant role. This Article contends that income taxation is incapable of taxing information effectively. It goes on to argue that this incapability currently necessitates reform, and it offers three viable paths to such reform: consumption taxation, data taxes, and formulary taxation. The Article concludes that formulary taxation is currently the most desirable and plausible path to effective reform, owing to its promise to best stabilize and maintain the legitimacy of the international tax regime.

Dude, Where’S My Data? A Legislative Band-Aid For Data Brokers’ Bullet Hole In Consumer Privacy Protection, Emily Bushman

Catholic University Law Review

The development and proliferation of the Internet, GPS, cell phones, social media, and the associated data that support these now ubiquitous technologies have created a new ecosystem of information making up a person’s digital identity. Our digital footprints have traditionally been subject to different levels of privacy protection depending upon the kind of data at issue. Over time, court decisions have revealed tensions and a lack of consistency on the question of how the protections guaranteed by the Fourth Amendment apply to an individual’s digital footprint and their reasonable expectations of privacy over it. This Comment will examine the gaps …

Pelindungan Data Pribadi Pada Layanan Pendanaan Berbasis Teknologi Informasi Pasca Undang-Undang Nomor 27 Tahun 2022 Dan Undang-Undang Nomor 4 Tahun 2023, Gita Theresa, Henny Marlyna

Jurnal Hukum & Pembangunan

Abstract

Information Technology-Based Crowdfunding Services (LPBBTI) continue to encounter challenges related to legal protections, such as breaches of privacy and the misuse of personal data belonging to consumers and the public. This paper analyzes the implementation of personal data protection through LPBBTI operational compliance, the drafting of privacy policies and LPBBTI agreements, as well as the role of authorities in overseeing LPBBTI operators in implementing personal data protection following the enactment of Law No. 27 of 2022 (UU PDP) and Law No. 4 of 2023 (UU P2SK). This study aims to provide information and input on the implementation of consumer …

Going Cashless: Privacy Implications For Gun Control In A Digital Economy, Liza Goldenberg

The Journal of Business, Entrepreneurship & the Law

This paper will examine how, given the United States’ shift toward a cashless economy, the country’s top credit-card companies’ potential decision to implement a new merchant code for firearm-related transactions as a method of gun control will backfire, jeopardizing consumer privacy and leading to unregulated transactions through cryptocurrencies. Since the majority of gun violence stems from firearm transactions not involving credit cards, credit-card companies should abandon the new merchant code that dissuades Americans from exercising their fundamental rights. The American economy should focus on slowing the shift toward a digital economy so that federal and state governments can implement legislation …

When Ai Remembers Too Much: Reinventing The Right To Be Forgotten For The Generative Age, Cheng-Chi Chang

Washington Journal of Law, Technology & Arts

The emergence of generative artificial intelligence (AI) systems poses novel challenges for the right to be forgotten. While this right gained prominence following the 2014 Google Spain v. Gonzalez case, generative AI’s limitless memory and ability to reproduce identifiable data from fragments threaten traditional conceptions of forgetting. This Article traces the evolution of the right to be forgotten from its privacy law origins towards an independent entitlement grounded in self-determination for personal information. However, it contends the inherent limitations of using current anonymization, deletion, and geographical blocking mechanisms to prevent AI models from retaining personal data render forgetting infeasible. Moreover, …

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 …