Privacy Law Commons^™

Dean's Desk: Iu Maurer Programs Supporting Careers In Cybersecurity, Austen L. Parrish

Austen Parrish (2014-2022)

A recent Bureau of Labor Statistics report estimated a near 30 percent growth in coming years for information security professionals, far outpacing most other job types. While Indiana University has long recognized the importance of data security and privacy, multiple new initiatives are ensuring that the next generation of chief information security officers, systems analysts, privacy professionals and others will come from our law school.

One of the ways the law school is leading the way is through the university’s new master of science in cybersecurity risk management. That degree program combines the resources of three of IU’s top-ranked schools …

Revenge Porn, Thomas Lonardo, Tricia P. Martland, Rhode Island Bar Journal

Life of the Law School (1993- )

No abstract provided.

Clark Cty. Sch. Dist. V. Las Vegas Review Journal, Nev. Adv. Op. 84 (Oct. 25, 2018) (En Banc), Edgar Cervantes

Nevada Supreme Court Summaries

The Court determined that the interest of individuals who participate in an internal investigation by a state agency regarding the inappropriate behavior of an elected official should be considered before publishing their identity or identifying information on public records. The Court adopted the Cameranesi test to determine the scope of redactions of names of persons identified in an investigative report with nontrivial privacy claims.

Pub. Emps.’ Ret. Sys. Of Nev., A Pub. Agency V. Nev. Pol’Y Res. Inst. Inc., 134 Nev. Adv. Op. 81 (Oct. 18, 2018) (En Banc), Daniel Brady

Nevada Supreme Court Summaries

The Court determined that the Nevada Public Records Act requires the government agency to disclose the requested information if: (1) it can be found by searching a database for existing information, (2) it is readily accessible and not confidential, and (3) the alleged risks of disclosure do not outweigh the benefits of the public’s interest in the records.

Smart Devices In Criminal Investigations: How Section 8 Of The Canadian Charter Of Rights And Freedoms Can Better Protect Privacy In The Search Of Technology And Seizure Of Information, Lee-Ann Conrod

LLM Theses

This thesis examines the jurisprudence from the Supreme Court of Canada (SCC) on informational privacy under section 8 of the Canadian Charter of Rights and Freedoms as it relates to searches of technology in the context of criminal investigations. The development and use of technology in criminal investigations will be detailed along with an overview of the current state of the law in this area. Challenges with the interpretation of section 8 demonstrate a prevalent uncertainty. This thesis proposes a new approach for the SCC to apply to cases where technology intersects with section 8 of the Charter. The proposal …

Common Sense: Rethinking The New Common Rule's Week Protections For Human Subjects, Ahsin Azim

Vanderbilt Law Review

Since 1991, the Federal Policy for the Protection of Human Subjects, known as the "Common Rule," has protected the identifiable private information of human subjects who participate in federally funded research initiatives. Although the research landscape has drastically changed since 1991, the Common Rule has remained mostly unchanged since its promulgation. In an effort to modernize the Common Rule, the Federal Policy for the Protection of Human Subjects Final Rule ("Final Rule') was published on January 19, 2017. The Final Rule, however, decreases human-subject protections by increasing access to identifiable data with limited administrative oversight. Accordingly, the Final Rule demands …

Who Knows What, And When?: A Survey Of The Privacy Policies Proffered By U.S. Direct-To-Consumer Genetic Testing Companies, James W. Hazel, Christopher Slobogin

Cornell Journal of Law and Public Policy

Direct-to-consumer genetic testing (DTC-GT) companies have proliferated in the past several years. Based on an analysis of genetic material submitted by consumers, these companies offer a wide array of services, ranging from providing information about health and ancestry to identification of surreptitiously-gathered biological material sent in by suspicious spouses. Federal and state laws are ambiguous about the types of disclosures these companies must make about how the genetic information they obtain is collected, used, and shared. In an effort to assist in developing such laws, this Article reports a survey of the privacy policies these companies purport to follow. It …

Telemarketing, Technology, And The Regulation Of Private Speech: First Amendment Lessons From The Fcc’S Tcpa Rules, Justin (Gus) Hurwitz

Brooklyn Law Review

This article considers the viability of the Telephone Consumer Protection Act (TCPA) in light of recent Supreme Court First Amendment precedent and technological and regulatory developments. Robocalls—phone calls made using autodialers or prerecorded messages without the consent of the call recipient—have become one of the primary consumer protection issues facing regulators. With more than 2.4 billion of these calls placed each month, consumer concern about them dominate complaints received by both the Federal Communications Commission and Federal Trade Commission. Simultaneously, as cellphones have become a ubiquitous means by which individuals engage with one another and have become the public square, …

"Know Everything That Can Be Known About Everybody": The Birth Of The Credit Report, Jonathan Weinberg

Villanova Law Review (1956 - )

No abstract provided.

The Equifax Data Breach And The Resulting Legal Recourse, Caitlin Kenny

Brooklyn Journal of Corporate, Financial & Commercial Law

What happens when one’s sensitive information falls into the wrong hands? With the twenty-first century’s advancement of technology comes the increasing problem of data breaches wherein sensitive information is exposed. On September 7, 2017, Equifax, one of three major United States credit reporting agencies announced one of the largest data breaches in the history of the United States. The data breach affected approximately 145 million consumers and subsequently a wave of consumer class actions followed. This Note clarifies why class action lawsuits and arbitration are not viable legal remedies for massive data breaches where entities like credit reporting agencies are …

The Modern-Day Scarlet Letter: Erasing The Scar Of Non-Consensual Pornography Through Affirmative Consent, Jennifer Esposito

Journal of Law and Policy

Most have heard the phrase “revenge pornography” via the various websites that have infiltrated the internet for the sole purpose of posting this type of content. Not only do these websites display photos and videos of the victim in their most intimate moments, but they also often include names, addresses, phone numbers, and other identifying information. While many people know what revenge pornography is, they are completely unaware of the devastating impact that revenge pornography has on victims, the majority of which are women. As a result of revenge pornography, victims often suffer from mental illnesses (depression, anxiety, suicidal ideation, …

Who Knows What, And When?: A Survey Of The Privacy Policies Proffered By U.S. Direct-To-Consumer Genetic Testing Companies, Christopher Slobogin, James W. Hazel

Vanderbilt Law School Faculty Publications

Direct-to-consumer genetic testing (DTC-GT) companies have proliferated in the past several years. Based on an analysis of genetic material submitted by consumers, these companies offer a wide array of services, ranging from providing information about health and ancestry to identification of surreptitiously-gatheredb iological materials ent in by suspicious spouses. Federal and state laws are ambiguous about the types of disclosures these companies must make about how the genetic information they obtain is collected, used, and shared. In an effort to assist in developing such laws, this Article reports a survey of the privacy policies these companies purport to follow. It …

Mining For Children’S Data In Today’S Digital World, Damin Park

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Search Engines And The Right To Be Forgotten: Squaring The Remedy With Canadian Values On Personal Information Flow, Andrea Slane

Osgoode Hall Law Journal

The Office of the Privacy Commissioner of Canada (“OPC”) recently proposed that Canada’s private sector privacy legislation should apply in modified form to search engines. The European Union (“EU”) has required search engines to comply with its private sector data protection regime since the much-debated case regarding Google Spain in 2014. The EU and Canadian data protection authorities characterize search engines as commercial business ventures that collect, process, and package information, regardless of the public nature of their sources. Yet both also acknowledge that search engines serve important public interests by facilitating users’ search for relevant information. This article considers …

Textual Privacy And Mobile Information, Simon Stern

Osgoode Hall Law Journal

The Supreme Court of Canada’s decision in R v Marakah attempted to resolve the privacy status of text messages under section 8 of the Charter, but offered an incomplete solution because it failed to address the normative basis for protecting such communications. Despite the complexity of section 8 analysis (which itself is a product of multiple and inconsistent tests used to answer the same questions), the privacy of text messages allows for a relatively simple analysis. Normatively speaking, letters, email, and text messages all attract the same basic privacy interest, and should be treated analogously. However, if the police have …

Law, Metaphor, And The Encrypted Machine, Lex Gill

Osgoode Hall Law Journal

The metaphors we use to imagine, describe, and regulate new technologies have profound legal implications. This article offers a critical examination of the metaphors we choose to describe encryption technology and aims to uncover some of the normative and legal implications of those choices. The article begins with a basic technical backgrounder and reviews the main legal and policy problems raised by strong encryption. Then it explores the relationship between metaphor and the law, demonstrating that legal metaphor may be particularly determinative wherever the law seeks to integrate novel technologies into old legal frameworks. The article establishes a loose framework …

Private Law, Fundamental Rights, And The Rule Of Law, Hugh Collins

West Virginia Law Review

No abstract provided.

A Poor Mother's Right To Privacy: A Review, Danielle K. Citron

Faculty Scholarship

Collecting personal data is a feature of daily life. Businesses, advertisers, agencies, and law enforcement amass massive reservoirs of our personal data. This state of affairs—what I am calling the “collection imperative”—is justified in the name of efficiency, convenience, and security. The unbridled collection of personal data, meanwhile, leads to abuses. Public and private entities have disproportionate power over individuals and groups whose information they have amassed. Nowhere is that power disparity more evident than for the state’s surveillance of the indigent. Poor mothers, in particular, have vanishingly little privacy. Whether or not poor mothers receive subsidized prenatal care, the …

The Elusive Constitutional Right To Informational Privacy, Larry J. Pittman

Nevada Law Journal

Today, at any moment, many Americans are subject to having their private information stolen or otherwise used without their consent. This Article will discuss the specifics of a constitutional right to informational privacy theory, and a civil lawsuit remedy for the unauthorized governmental use of one’s private information. The Fourth Amendment is the most logical constitutional source for this privacy theory; and, a governmental entity, to justify its unauthorized use of private information, must satisfy the strict scrutiny standard by showing a compelling governmental interest that cannot be satisfied by a less intrusive alternative.

As a part of this discussion, …

The Race For Privacy: Technological Evolution Outpacing Judicial Interpretations Of The Fourth Amendment: Playpen, The Dark Web, And Governmental Hacking, Wade Williams

Florida State University Law Review

Despite complying with the new amendments to Federal Rule of Criminal Procedure 41, the Federal Bureau of Investigation's (FBI) broad authorization to remotely access computers at anytime and anywhere within the United States is at odds with the reasonableness and particularity requirements of the Fourth Amendment. The exponential growth of technology has made life in the twenty-first century something our ancestors would envy, but the idea of allowing the government to perform unknown and undetected searches across the United States, especially in the hidden world of cyberspace, would have our founding fathers turning in their graves. Recognition is owed to …