Privacy Law Commons^™

Whither Privacy Protection In The Law Of Nuisance, Cheng Lim Saw, Aaron Yoong

Research Collection Yong Pung How School Of Law

Privacy-related concerns often feature in disputes involving the tort of private nuisance. Despite the growing importance ascribed to the protection of an individual’s privacy in the modern world, English law has tended to shy away from allowing such concerns to influence the thinking behind the more traditional areas of law (like nuisance). This article examines and questions the various notions that underpin this English approach. Using the recent decisions of Giles Duncan Fearn v The Board of Trustees of the Tate Gallery [2019] EWHC 246 (Ch) and Giles Fearn v The Board of Trustees of the Tate Gallery [2020] EWCA …

Platforms, Encryption, And The Cfaa: The Case Of Whatsapp V Nso Group, Jonathon W. Penney, Bruce Schneier

Articles & Book Chapters

End-to-end encryption technology has gone mainstream. But this wider use has led hackers, cybercriminals, foreign governments, and other threat actors to employ creative and novel attacks to compromise or workaround these protections, raising important questions as to how the Computer Fraud and Abuse Act (CFAA), the primary federal anti-hacking statute, is best applied to these new encryption implementations. Now, after the Supreme Court recently narrowed the CFAA’s scope in Van Buren and suggested it favors a code-based approach to liability under the statute, understanding how best to theorize sophisticated code-based access barriers like end-to-end encryption, and their circumvention, is now …

Regulating Social Media In The Global South, Zahra Takhshid

Sturm College of Law: Faculty Scholarship

In recent years, the disinformation crisis has made regulating social media platforms a necessity. The consequences of disinformation campaigns are not only limited to election interferences or political debates; they have also included fatal consequences. In response, however, scholars in the United States have generally focused on regulating social media companies in the United States, without paying much attention to these companies’ global impact, particularly in the Global South. Lost in the quest to fight disinformation is addressing the social media companies’ neglect of consumer rights in the Global South.

Countries in the Global North, such as the United States, …

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 verification systems, particularly in …

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.

Canadian Privacy Law And The Post-War Freedom Of Information Paradigm, Jonathon W. Penney

Articles & Book Chapters

An overemphasis on technology among Canadian privacy scholars has neglected other important historical factors in the development of privacy law. The chapter aims to help fill that void through a case study examining how a broader Post War paradigm, centred on freedom of information, impacted on Canada's most important early privacy laws, including Canada's first privacy law - Part VI of the Canadian Human Rights Act (1977); the federal Privacy Act (1983); and the Personal Information Protection and Electronic Documents Act (PIPEDA)(2000). The case study suggests that despite wider concerns about privacy when each law was enacted, those concerns were …

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 the question: …

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 scrapers. …

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 …

Recent Developments, Silas Heffley

Arkansas Law Review

In a case involving a Missouri televangelist, a purported COVID-19 cure, and state officials from Arkansas and California, the Eighth Circuit Court of Appeals affirmed the lower court’s dismissal for lack of personal jurisdiction.

The Gatekeepers Of Research: Why A Data Protection Authority Holds The Key To Research In The New York Privacy Acts, Eric B. Green

Brooklyn Law Review

Biometric data is among the most sensitive of personal data because it is biologically tied and unique to the individual. Nonetheless, biometric data is an invaluable facet of the research that enables progressive scientific, technological, and medical innovation. Because a comprehensive federal data privacy act does not appear to be on the horizon, the torch has been passed to the states to create their own personal data protection regimes. New Yorkers’ personal biometric data is not aptly protected, partially because neither the New York Privacy Act nor the Biometric Privacy Act (collectively, the NY Privacy Acts) have matured to the …

P*Law 2022, Center For Public Service Law

2021–2022 Flyers

This document outlines the full schedule for P*LAW Week 2022 at Cardozo School of Law, presented by the Center for Public Service Law. Held virtually from January 24 to January 27, the week featured panels, workshops, and discussions on key issues in public interest law, including immigration policy, educational equity, criminal justice reform, reproductive rights, data privacy, military law, labor rights, and overdose prevention. Events brought together legal professionals, advocates, scholars, and Cardozo students to explore law’s role in advancing social justice and supporting vulnerable communities.

The Art Of Regulating Art, Naomi Cahn, Sonia M. Suter

Chicago-Kent Law Review

No abstract provided.

A Wrong Without A Remedy: Leaving Parents And Children With A Hollow Victory I Nlawsuits Against Unscrupulous Sperm Banks, Yaniv Heled, Timothy Lytton, Liza Vertinsky

Chicago-Kent Law Review

No abstract provided.

Savior Siblings, Protective Progeny, And Parental Determinism In The Age Of Crispr-Cas, Barbara Pfeffer-Billauer

Chicago-Kent Law Review

No abstract provided.

From Consent To Empowerment In Support Of Decision-Making In Embryonic Genetic Design, Pamela Laufer-Ukeles

Chicago-Kent Law Review

No abstract provided.

Genetically-Engineered Begots, Have-Nots, And Tinkered Tots: (High Scoring Polygenic Kids As A Heredity-Camelot)-An Introduction To The Legalities And Bio-Ethics Of Advanced Ivf And Genetic Testing, Barbara Pfeffier-Billaeuer

Chicago-Kent Law Review

No abstract provided.

Does A Custodial Rights Understanding Of The Gdpr Justify Fraudulent Misrepresentation By Sperm Donors?, Dov Greenbaum

Chicago-Kent Law Review

No abstract provided.

Causation And Compensation For Intergenerational Harm, Dov Fox

Chicago-Kent Law Review

No abstract provided.

Tech And Authoritarianism: How The People’S Republic Of China Is Using Data To Control Hong Kong And Why The U.S. Is Vulnerable, Bryce Neary

Seattle Journal of Technology, Environmental, & Innovation Law

The aim of this article is to analyze and compare current events in the People's Republic of China and the United States to discuss the moral dilemmas that arise when establishing the boundary between national security interests and individual privacy rights. As we continue to intertwine our lives with technology, it has become increasingly important to establish clear privacy rights. The question then becomes: at what point should individuals sacrifice their rights for what the government considers the "greater good" of the country?

Further, this article analyzes the development of U.S. privacy law and its relationship to national security, technology, …