PRIVACY + SECURITY BLOG

News, Developments, and Insights

Author: Daniel Solove

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Posts by Daniel Solove

Privacy at the Margins: An Interview with Scott Skinner-Thompson on Privacy and Marginalized Groups

Posted on by Daniel Solove

Recently, Professor Scott Skinner-Thompson (Colorado Law) published an excellent thought-provoking book, Privacy at the Margins (Cambridge University Press, 2020), which explores the important role that privacy plays for marginalized groups. The book is superb, and it is receiving the highest praise from leading scholars. For example, Dean Erwin Chemerinksy (Berkeley Law) proclaims that the book […]

Standing in Data Breach Cases: Why Harm Is Not “Manufactured”

Posted on by Daniel Solove

In a recent case, the U.S. Court of Appeals for the 11th Circuit weighed in on an issue that has continued to confound courts: Is there an injury caused by a data breach when victims don’t immediately suffer financial fraud?  I wrote on this issue in an article with Professor Danielle Citron in 2018, Risk and Anxiety: […]

Privacy Harms

Posted on by Daniel Solove

Professor Danielle Keats Citron (University of Virginia School of Law) and I have just posted a draft of our new article, Privacy Harms, on SSRN (free download). Here’s the abstract: Privacy harms have become one of the largest impediments in privacy law enforcement. In most tort and contract cases, plaintiffs must establish that they have […]

The M.D. Anderson Case and the Future of HIPAA Enforcement

Posted on by Daniel Solove

The U.S. Court of Appeals for the 5th Circuit just issued a blistering attack on HIPAA enforcement by the U.S. Department of Health and Human Services (HHS). In University of Texas M.D. Anderson Cancer v. Department of Health and Human Services (No. 19-60226, Jan. 14, 2021), the 5th Circuit struck down a fine and enforcement […]

Restoring the CDA Section 230 to What It Actually Says

Posted on by Daniel Solove

When Donald Trump targeted the Communications Decency Act (CDA) Section 230, a debate about the law flared up.  Numerous reforms were proposed, some even seeking to abolish the law.  Unfortunately, the debate has been clouded with confusion and misinformation. Although I disagree with many of the proposals to reform it or abolish Section 230, I […]

The Myth of the Privacy Paradox: Final Published Version

Posted on by Daniel Solove

I’m happy to announce that my article is now out in print! The Myth of the Privacy Paradox 89 Geo. Wash. L. Rev. 1 (2021) You can download a copy for free at SSRN. Abstract: In this Article, Professor Daniel Solove deconstructs and critiques the privacy paradox and the arguments made about it. The “privacy […]

Cartoon: The Relationship Between Privacy and Data Security

Posted on by Daniel Solove

I created this cartoon to highlight the relationship between privacy and data security. Privacy and data security are deeply interrelated.  Unfortunately, privacy is often overlooked as a key dimension of keeping data secure.  Minimizing data collection and ensuring that data isn’t retained for longer than needed both improve security immensely.  When there’s a data breach, […]

ALI Data Privacy Principles

Posted on by Daniel Solove

I’m pleased to announce that the ALI Data Privacy Principles are now in print.  From the ALI press release: Principles of the Law, Data Privacy is now available in print. This is ALI’s first venture into the field of information privacy law. This project identifies core principles useful for bringing greater coherence to this area. Like all Principles […]