PRIVACY + SECURITY BLOG

News, Developments, and Insights

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

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

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

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

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

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 […]

Updated Line of Paperback Privacy Law Casebooks

I’m happy to announce that Paul Schwartz and I have just published updated versions of our line of paperback privacy law casebooks. These paperbacks are excerpted parts of our Information Privacy Law casebook, which we recently published in a new 7th edition.  This new edition of the casebook has been revised to include the California Consumer […]