Privacy Law Commons^™

The Outer Limits Of Digital Privacy Protections: A Review Of The Privacy Fallacy, Michael Conklin

Dickinson Law Review (2017-Present)

No abstract provided.

Leading The Charge: How Increased Adoption Of Electric Vehicles Renews Calls For Data Privacy Protection In The United States, Patrick Rogers

William & Mary Environmental Law and Policy Review

This Note will examine the privacy risks associated with constructing the nationwide [electric vehicle] EV charging network and propose solutions to mitigate this risk. Part I of this Note will discuss the Biden Administration’s climate policy and legislation and focus on the transportation sector. Part II will explain EV charging and expound on the cybersecurity and privacy concerns of the charging process. Part III will survey the current regulatory landscape at the federal level and highlight California’s approach to data privacy. Finally, Part IV examines recently proposed federal and model state legislation in light of the Fair Information Practice Principles …

Back To The Future: Revisiting State Constitutions To Protect Against New Technological Intrusions, Matthew Radford

Washington and Lee Law Review

The Fourth Amendment is crucial for protecting Americans from government intrusion. However, new technologies such as pole cameras, reverse keyword searches, and geofence searches provide new ways for governments to gather information about individuals. As these new technologies develop, the Fourth Amendment has struggled to advance alongside this new technology.

Thankfully, the Fourth Amendment is not the only protection Americans have from government intrusion. Every single state has its own state constitution and analog to the Federal Fourth Amendment. In fact, some states had their own analog amendments even before the adoption of the Federal Fourth Amendment. While oftentimes the …

The Privacy Fallacy: Harm And Power In The Information Economy By Ignacio Cofone, Christopher D'Souza

Canadian Journal of Law and Technology

‘‘Our privacy is besieged by tech companies,”1 laments Ignacio Cofone, Law Professor and privacy aficionado, in The Privacy Fallacy: Harm and Power in the Information Economy. In an enlightening yet harrowing discourse, Cofone draws on insights from behavioural science, sociology, and economics2 to argue that the widespread consent-based model of privacy is not only outdated, but untenable given modern data practices.3 Further, Cofone acknowledges the increasing use of Artificial Intelligence (AI) in data processing, leading to novel challenges for the safeguarding of personal information.4 Thus, The Privacy Fallacy is more than just about privacy law’s shortcomings; it also raises questions …

R. V. Bykovets: An Affirmation Of Canadians’ Right To Informational Privacy, Bertina Lou

Canadian Journal of Law and Technology

The R. v. Bykovets decision illustrates how new technological realities can reconfigure societal norms and values in ways that demand recognition in the eyes of the law. This case commentary summarizes the Supreme Court’s 2024 Bykovets decision and situates it in jurisprudence on Section 8 of the Canadian Charter in relation to informational privacy. It also demonstrates how the normative approach applied by the SCC in Bykovets, which reflects increased accountability for third parties to safeguard individuals’ privacy, appropriately reconciles divergences in jurisprudence over time.

La décision R c. Bykovets illustre comment les nouvelles réalités technologiques peuvent reconfigurer les …

Client Confidentiality As Data Security, Jonah Perlin

Georgetown Law Faculty Publications and Other Works

The duty of confidentiality has been a cornerstone of the attorney-client relationship for more than four centuries. Historically, this duty was not difficult to discharge. All a lawyer had to do to comply was not affirmatively share client information in public without consent. But that has all changed. The same technologies that provide unprecedented benefits of authorized access by lawyers and their clients create unprecedented risks of unauthorized access by others. As a result, although the duty of confidentiality was once synonymous with a duty to keep client confidences secret, today the duty necessitates that lawyers keep client confidences secure …

Can Federated Learning Solve Ai’S Data Privacy Problem?: A Legal Analysis, Warren B. Chik, Florian Gamper

Research Collection Yong Pung How School Of Law

Federated learning (FL) is a method of training AI systems on different datasets without sharing data. The promise of FL is to enable AI systems to be trained on data, including personal data, while preserving data privacy and confidentiality, and thus, inter alia, facilitate compliance with data protection legislation. FL has generated a considerable interest amongst the computer science community, yet there is a dearth of legal analysis of FL. This is a problem because the question of whether FL facilitates compliance with data protection legislation is a legal question. This article will fill this lacuna by providing a comprehensive …

A Right To Be Left Dead, Mark Bartholomew

Journal Articles

Technology forces us to contemplate a counterpart to the right of privacy—Brandeis and Warren’s “right to be let alone”—for the age of artificial intelligence: the right to be left dead. Traditionally, it has been presumed that even if Brandeis and Warren’s right constitutes “the most comprehensive of rights and the right most valued by civilized men,” it does not apply to the dead. The question is whether we need a new approach at a time when technology can reanimate anyone and make them behave in a manner indistinguishable from their living presence. This Article interrogates the need for a right …

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

Sturm College of Law: Faculty Scholarship

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 both domestic privacy rights and international data flows. The 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 Justice for the European Union will strike down the latest US-EU Data Privacy Framework (the primary mechanism for allowing the transatlantic …

Regulating Algorithmic Harms, Sylvia Lu

Law & Economics Working Papers

In recent years, the rapid expansion of artificial intelligence (AI) innovations has led to a rise in algorithmic harms—harms emerging from AI operations that pose significant threats to civil rights and democratic values in today’s technological landscape. A facial recognition system for improving criminal detection wrongly collected sensitive personal data and flagged racial minorities as shoplifters. A risk-prediction algorithm adopted to identify patients denied medical treatment to Black individuals with poor health conditions. A social media algorithm intended to boost social engagement exacerbated addictive behavior and mental illness in teenagers. These harms are becoming increasingly ubiquitous yet often manifest in …

Consumer Privacy And The Dobbs Disruption, Mason R. Clark

University of Michigan Journal of Law Reform

The right to reproductive privacy is under attack in the United States, and it is losing ground. Dobbs v. Jackson Women’s Health Organization, the Supreme Court’s 2022 decision that overruled Roe v. Wade’s constitutional protection of abortion and jeopardized privacy rights by proxy, reflects this losing posture. Scholarship in reproductive privacy varyingly critiques federal privacy initiatives, evaluates regulatory interventions, and proposes civil rights frameworks in response to Dobbs. This Article, however, pinpoints how Dobbs created a gaping hole in state consumer privacy laws even as they propagated across the United States. Currently, there are no state consumer privacy …

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 …

A Quantum Of Privacy, Anat Lior

Nevada Law Journal

Quantum technologies are on the brink of becoming the leading technologies in the upcoming years, with forecasts suggesting their imminent commercial availability. In August 2023, Google unveiled a quantum-resistant security key, while NIST is progressing a post-quantum cryptography protocol. This Article sheds light on these highly anticipated advancements, particularly in quantum computing, and explores the potential privacy implications that could arise alongside their development and integration into the commercial market. It proposes a comprehensive, long-term approach to addressing these privacy challenges early on, given the technology’s nascent stage and current lack of readiness for widespread commercial use. This timeframe allows …

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 …

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 …