I have posted the final published version of my new article, The Limitations of Privacy Rights, 98 Notre Dame Law Review 975 (2023), on SSRN where it can be downloaded for free. The article critiques the effectiveness of individual privacy rights generally, as well as specific privacy rights such as the rights to information, access, […]
Category: Consumer Privacy
Posts about Consumer Privacy by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
Murky Consent: An Approach to the Fictions of Consent in Privacy Law
I posted a draft of my new article, Murky Consent: An Approach to the Fictions of Consent in Privacy Law. It is just a draft, and I welcome feedback. You can download it for free here: Here’s the abstract: Consent plays a profound role in nearly all privacy laws. As Professor Heidi Hurd aptly said, consent […]
Webinar – Is Consumer Choice the Right Way to Protect Privacy?
If you couldn’t make it to my recent webinar on privacy and consumer choice, you can watch the replay here. I discussed the challenges of consumer choice in privacy with Christine Lyon (Freshfields), and Troy Sauro (Google). I also have a paper on these issues that might be of interest, The Limitations of Privacy Rights, forthcoming in Notre Dame […]
Further Thoughts on ADPPA, the Federal Comprehensive Privacy Bill
I recently wrote a post about my concerns about the American Data Privacy and Protection Act (ADPPA) (updated version after markup is here), a bill making its way through Congress that has progress further than many other attempts at a comprehensive privacy law. Despite grading the law a B+, I was skeptical of the law […]
A Faustian Bargain: Is Preemption Too High a Price for a Federal Privacy Law?
A federal comprehensive privacy law in the United States? Can it really be true? Could this finally be the time it happens? Eventually, maybe the lion really will lie down the lamb. Maybe the Loch Ness Monster will be located. Maybe Congress will finally join 150+ other countries around the world and pass a comprehensive […]
A Critique of the Uniform Law Commission’s Uniform Personal Data Protection Act
In 2021, the Uniform Law Commission (ULC) finalized its Uniform Personal Data Protection Act (UPDPA), a model law intended to be a guide to states seeking to enact broad privacy laws. Unfortunately, the ULC’s law is beyond disappointing. Quite frankly, the UPDPA is quite terrible. No state should adopt it in whole or in part. It […]
The Limitations of Privacy Rights
I have posted a draft of my new article, The Limitations of Privacy Rights, on SSRN where it can be downloaded for free. The article critiques the effectiveness of individual privacy rights generally, as well as specific privacy rights such as the rights to information, access, correction, erasure, objection, data portability, automated decisionmaking, and more. […]
Panoptic Surveillance and Privacy’s Future: An Interview with Oscar Gandy
Back in 1993, Professor Oscar Gandy, Jr. wrote one of the most insightful and prescient books about privacy: The Panoptic Sort: A Political Economy of Personal Information. Oscar Gandy is an emeritus professor with the Annenberg School for Communication at the University of Pennsylvania, having retired from active teaching in 2006. He has continued to publish in […]
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 […]
Video: Privacy in the Next Four Years with Cam Kerry, Alexandra Reeve Givens, Justin Antonipillai, and Daniel Solove
I had a great conversation about the future direction of privacy in the next four years with Cam Kerry (Brookings), Alexandra Reeve Givens (CDT), and Justin Antonipillai (Wirewheel). This video is part of Wirewheel’s Spokes Conference. Check out the video here: Join Wirewheel’s Spokes Conference (Dec. 1-2, 2020) for other great sessions!