It is an understatement to say that a lot has happened in privacy law during the past decade. Here is my list of the most notable developments. NOTE: I am giving a particular emphasis to what I find to be notable from a United States perspective. What is notable privacy law depends upon where one […]
Category: Data Privacy
Posts about Data Privacy by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
The FTC Can Rise to the Privacy Challenge, but Not Without Help From Congress
Over at Lawfare, I have an essay co-authored by Chris Hoofnagle and Woodrow Hartzog called The FTC Can Rise to the Privacy Challenge, but Not Without Help From Congress. This piece is also posted at the Brooking Institution’s TechTank. The essay begins: Facebook’s recent settlement with the Federal Trade Commission (FTC) has reignited debate over whether the […]
Archive of Concurring Opinions Posts
It is sad to say goodbye to ConcurringOpinions.com, a law professor blog I co-founded in 2005. The blog began when a group of us (Dave Hoffman, Kaimi Wenger, Nate Oman, and me) who were blogging at PrawfsBlawg decided we wanted more autonomy in blog governance, so we founded Concurring Opinions. Over the years, we added […]
The Future of Cybersecurity Insurance and Litigation: An Interview with Kimberly Horn
Cybersecurity litigation is currently at a crossroads. Courts have struggled in these cases, coming out in wildly inconsistent ways about whether a data breach causes harm. Although the litigation landscape is uncertain, there are some near certainties about cybersecurity generally: There will be many data breaches, and they will be terrible and costly. We thus […]
Locating Personal Data and Tracking Privacy Rights: An Interview with Dimitri Sirota
One of the biggest challenges for organizations is locating all the personal data they have. This task must be done, however, to comply with the General Data Protection Regulation (GDPR) and other privacy laws. Moreover, the GDPR and the new California Consumer Privacy Act provide that individuals have rights regarding their data. These rights often […]
The California Consumer Privacy Act of 2018
In the period of just a week, California passed a bold new privacy law — the California Consumer Privacy Act of 2018. This law was hurried through the legislative process to avoid a proposed ballot initiative with the same name. The ballot initiative was the creation of Alastair Mactaggart, a real estate developer who spent […]
Artificial Intelligence, Big Data, and Humanity’s Future: An Interview with Evan Selinger
Recently published by Cambridge University Press, Re-Engineering Humanity explores how artificial intelligence, automated decisionmaking, the increasing use of Big Data are shaping the future of humanity. This excellent interdisciplinary book is co-authored by Professors Evan Selinger and Brett Frischmann, and it critically examines three interrelated questions. Under what circumstances can using technology make us more like simple machines than actualized human […]
Should Privacy Law Regulate Technological Design? An Interview with Woodrow Hartzog
Hot off the press is Professor Woodrow Hartzog’s new book, Privacy’s Blueprint: The Battle to Control the Design of New Technologies (Harvard Univ. Press 2018). This is a fascinating and engaging book about a very important and controversial topic: Should privacy law regulate technological design?
Data Security Is Worsening: 2017 Was the Worst Year Yet
Every year, we hear about how climate change is worsening. It seems the same story is happening with data security. Last year was the worst year in recorded data breach history. More than 5,200 breaches were reported in 2017, with more than 7.8 billion records compromised. By comparison, there are 7.6 billion people on Earth, […]
My Privacy and Security Scholarship in 2017
In this post, I provide a brief overview of my scholarship last year. Risk and Anxiety: A Theory of Data Breach Harms I co-authored Risk and Anxiety: A Theory of Data Breach Harms with Professor Daniel Keats Citron. The piece is forthcoming in Texas Law Review this year. Even though there continues to be a steady […]