Privacy Law Commons^™

Project Risk Management In Ai-Enabled Systems: Managing Ethical, Privacy, And Governance Risks, Onome Cynthia Anakanire

Harrisburg University Dissertations and Theses

This research examined how Artificial intelligence (AI) has been embedded in project-based work, particularly in finance and software industries, where it enables efficiency and assists in complex decision-making. However, these innovations introduce significant ethical, privacy, and governance risks that traditional project risk management frameworks fail to adequately address. This study investigated how project managers can systematically integrate the management of these emerging risks into AI-enabled projects. Using a qualitative research design, the study drew on semi-structured interviews with project managers, compliance officers, and AI developers in finance, software and related sectors. Supplementary data included internal project documentation and risk registers. …

Divorce Of International Mixed Marriage And Marriage Held Abroad And Indonesian Private International Law, Tiurma M. Pitta Allagan

Indonesian Journal of International Law

The unstoppable tide of globalism not only brings an increasing commercial interconnectivity between nations, but also bonds of matrimony, and in turn, the chance of divorce. Indonesian courts entertaining international divorce cases is certainly not a rarity, neither divorce of the international mixed marriage nor the marriage that was held abroad. With two recent divorce cases having a foreign element, Indonesian courts declared having no jurisdiction under grounds of “litis pendentie” and forum non-convenience, including one by the Indonesian Supreme Court. In three other cases, the courts, after addressing the preliminary question of marriage, applied the “lex fori”, or Indonesian …

The Privacy Law Jigsaw: Piecing Together Legal Compliance When Pieces Don’T Fit, Roy Wyman, Wesley Mcculloch

Vanderbilt Journal of Entertainment & Technology Law

Over the past six years the United States has shifted from a relatively stable and laissez-faire privacy regime, anchored by a few, sector-specific federal statutes such as the Health Insurance Portability and Accountability Act, to an increasingly fragmented landscape dominated by numerous state-level consumer privacy laws. While these laws share commonalities, they also vary in important ways. This Article analyzes that patchwork legal regime and its impact on businesses through four points of friction: (i) statutory applicability and thresholds; (ii) notice-and-choice requirements; (iii) individual data-management rights; and (iv) controller–processor contracting obligations. This Article further explores how modern service-delivery models, especially …

Policing Agency Data Trusts, Barry Friedman

Northwestern University Law Review

Policing agencies are indiscriminately collecting, retaining, and using vast quantities of personal data from people who are suspected of no unlawful conduct whatsoever. This has caused expressions of concern or caution from many quarters, including—notably—the Director of National Intelligence (DNI). In a declassified report, the Office of the DNI stated that massive amounts of data are being collected “on nearly everyone that is of a type and level of sensitivity . . . that could be used to cause harm to an individual’s reputation, emotional well-being, or physical safety.”

This practice of universal data collection presents a conundrum. As many …

“I Like My Eighteenth Century Fresh”: Geofence Warrants, General Warrants, And The Evolving Fourth Amendment, Alexa M. Mascaró

University of Miami Law Review

Almost 250 years ago, our Founding Fathers fought to create a nation free from the confines of British imperial rule. Outrage over governmental intrusions enabled by suspicionless general warrants and writs of assistance galvanized an American polity determined to prevent the abuses that had come to define colonial life. The Fourth Amendment was enacted as a response to executive overreach, and it was deeply informed by the fraught history that led to its adoption—a history that is still used by courts today to define constitutional protections.

In the digital age, the rapid speed of technological innovation has created a precarious …

Editorial

Indian Journal of Law and Technology

No abstract provided.

The Evidence Machine: Rethinking Admissibility And Privacy In India's Ai Surveillance State, Samyukta Ramaswamy

Indian Journal of Law and Technology

The proliferation of artificial intelligence (‘AI’) surveillance technologies that utilise machine learning (‘ML’) capabilities to gather and process information to derive insights about individuals has transformed the surveillance landscape by enabling governments and private entities to engage in increasingly pervasive monitoring and data-driven profiling. In India, this transformation is compounded by the presence of executive-controlled surveillance mechanisms under the legal framework of the Telecommunications Act 2023, the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules 2024, and the Digital Personal Data Protection Act 2023, amongst others, which authorises wide-ranging data interception and dragnet surveillance while exempting government agencies …

Allocating Data Protection Duties The Chinese Way

Washington International Law Journal

Abstract: China has been enacting data protection laws with distinctive features at an unprecedented pace, which makes it necessary to update existing studies on the Chinese approach to data protection. Unlike its predecessors, this Article focuses on developing a structured approach to dissecting the Chinese regime, especially the Personal Information Protection Law and latest case law. It analyzes how the laws allocate responsibilities among the three major parties involved in data protection—individual data subjects, data controllers, and regulators—and draws comparisons with European Union (EU) laws that inspired the Chinese laws. It argues that the way Chinese laws allocate data …

Lunch Shaming And The Right To Privacy, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

Lunch shaming is the practice of penalizing students who cannot afford to pay for their meals, resulting in them being denied food, served alternative meals, or publicly identified. The origins of lunch shaming can be traced to the financial pressures faced by school districts that struggle to balance tight budgets with the mandate to provide free or reduced-price meals to eligible students. Despite legislative efforts and advocacy campaigns aimed at mitigating the problems associated with lunch shaming, the practice persists, exacerbated by rising food costs and the expiration of pandemic-era food programs.

Many law journal and other articles have correctly …

Mitigating Data Privacy Risks In Political Micro-Targeting Through Gdpr-Compliant Federated Learning: Lessons From The Cambridge Analytica Controversy, Jingfan (Serena) Xiao

Marquette Intellectual Property & Innovation Law Review

Political micro-targeting employs granular data analytics to deliver hyper- personalized political messaging, raising fundamental tensions between electoral strategy, data privacy, and democratic accountability. The Facebook- Cambridge Analytica scandal exposed significant gaps in pre-GDPR data protection laws, highlighting the risks of unchecked algorithmic profiling in shaping voter behavior. However, as micro-targeting evolves under more sophisticated AI-driven systems, a pressing question emerges: should AI- generated political messaging qualify for First Amendment protection? This Article introduces the concept of speech certainty, arguing that speech must be intentional and cognitively understood by the speaker at the moment of articulation to warrant constitutional protection. Under …

Beyond Digital Pessimism: How A Focus On Trust Can Enhance Eu Digital Law, Neil Richards, Woodrow Hartzog, Claire Boine, Lea Despotis

Faculty Scholarship

Lawmakers looking to foster technological innovation on the European market are adopting laws they hope will promote consumer trust in digital products. Their strategy can be broken down into three components. First, they aim to empower consumers to choose how much data they want to share with companies through an express consent framework. Second, they seek to avoid harms from digital products through product safety law such as adapting the Product Safety Regulation to digital products or adopting the AI Act. Third, they endeavor to prevent manipulation of consumers through digital means.

In this essay, we argue that while laudable, …

Genomic Surveillance: Your Dna Is Not Neutral, You Don’T Even Own It., Uri Kim

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Legislatively Erased: The Failure Of Privacy Legislation To Protect People Connected To The Criminal Legal System, Chaz Arnett, Kate Weisburd

Faculty Scholarship

No abstract provided.

Bridging The Digital Divide: The Role Of Evolving Space Law In Ensuring Equitable Access And Ethical Use Of Climate Data, Caitlin B. Riordan

Indiana Journal of Law and Social Equality

No abstract provided.

It Takes A Village (To Raise Children’S Privacy), Mason R. Clark

Faculty Articles

Raising children is an expensive and (mostly) rewarding commitment. Many parents, guardians, and caregivers are willing to invest in indestructible car seats, private schools, and organic, farm-fresh, wholegrain, low-sugar, dye-free, naturally flavored foods. Is it reasonable to ask them to invest in children’s privacy? Surely companies can’t expect parents to stand guard at the edge of a digital playground they never built and never (knowingly) agreed to let their children enter.

The digital age has profoundly reshaped children’s privacy. It is hard to imagine listening to a podcast or scrolling on a social media platform without being bombarded by reports, …

The Stored Communications Act At 40: Re-Examining Ecs And Rcs In The Age Of Ai, Shanzay Pervaiz

Joint PIJIP/TLS Research Paper Series

Shanzay Pervaiz, Senior Legal Researcher, examines the Stored Communications Act (SCA) almost forty years after its enactment, focusing on how its core definitions of “electronic communication service” (ECS) and “remote computing service” (RCS) play a central role in regulating domestic and global government access to data. The definitions still shape key U.S. authorities such as FISA Section 702, the CLOUD Act, and international instruments governing law enforcement access to data, including the Budapest Convention and the United Nations Convention on Cybercrime. The paper also looks at the legislative history of the SCA, how U.S. courts define ECS and RCS, and …

The Deepfake Dilemma: Fake Images, Real Victims, And The Legal Void In Addressing Non-Consensual Deepfake Pornography, Elizabeth A. Safaryn

William & Mary Journal of Race, Gender, and Social Justice

This Note evaluates the various legal remedies available to victims of non-consensual deepfake pornography. As deepfakes are a relatively new but rapidly advancing technology, it is difficult for the law to keep up with the mass creation and distribution of AI-generated images on the Internet. With the competing interest of constitutionally protected speech, current deepfake laws fail to address non-consensual intimate image sharing (NCII) explicitly and lack the necessary deterrent effect to curb their proliferation. With an initial background on deepfakes and machine learning, this Note then explores the strained relationship between the First Amendment and the available civil remedies …

Striving To Thrive: Balancing Digital Health Innovation And Patient Protection Under Thailand’S Legal Framework, Thidarat Liamsomboon

Theses and Dissertations

The digitalization of health care has fundamentally transformed how health care services are accessed, delivered, and experienced worldwide. Telemedicine, artificial intelligence–assisted diagnostics, electronic health records, wearables, and mobile health applications are no longer novelties, but have become a substantial part of a modern clinical practice. Although these technologies offer great prospects for making health care more accessible, reducing administrative burden, and improving the quality of care, they also pose significant legal and regulatory challenges. The rate of technological development has far outpaced Thailand’s existing legal frameworks for regulating medical practice, professional accountability, and patient protection. This regulatory “lag” has generated …

Democratizing Health Data: A Legal Framework For Privacy-Preserving, Government-Led Ai Collaboration, Nicole Nigri

Cybaris®

No abstract provided.

Defamation, Privacy, And The First Amendment: Cases & Problems (3rd Ed.), George Biashvili

Books

I created this resource in anticipation of teaching my Torts II class, which will primarily explore defamation and privacy torts. Though I searched for a suitable coursebook, I found that none contained all of the opinions I consider essential for teaching the nuances and complexities of these subjects. Additionally, I wanted to spare my students the exorbitant price tags associated with traditional law school texts. Hence, I assembled a collection of relevant privacy and defamation cases that align with the objectives of my course. Each case is accompanied by a set of questions to further stimulate class discussion. Where I …