Posts about GDPR by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
The U.S. lacks a federal comprehensive privacy law, but the states have sprung into action by passing broadly-applicable consumer privacy laws. Nearly 20 states have passed such laws – so about 40% of the states now have privacy laws. Are these laws any good? Short answer: No But I am glad they exist. Well, sort […]
I’m posting a new article draft with Professor Woodrow Hartzog (BU Law), The Great Scrape: The Clash Between Scraping and Privacy. We argue that “scraping” – the automated extraction of large amounts of data from the internet – is in fundamental tension with privacy. Scraping is generally anathema to the core principles of privacy that […]
I’m delighted to post my new article draft, Artificial Intelligence and Privacy. The article aims to provide the conceptual and practical ground work for how to understand the relationship between AI and privacy as well as provide a roadmap for how privacy law should regulate AI. Here’s the abstract: This Article aims to establish a foundational understanding […]
I’m delighted to share the final published version of my article, Data Is What Data Does: Regulating Based on Harm and Risk Instead of Sensitive Data, 118 Nw. U. L. Rev. 1081 (2024). This article was selected for the Future of Privacy Forum’s Privacy Papers for Policymakers Award. The Award aims to “recognize leading U.S. and […]
In case you missed my discussion with Max Schrems, you can watch the replay here. We discussed cross-border data transfer, litigation challenges and strategies, and potential reforms of the GDPR enforcement process.
I had a great discussion with Filip Johnssén about various privacy law issues on his podcast, Dataministeriet. It begins in Swedish, then turns to English after a brief introduction.
I am excited to share my new paper draft with Hideyuki (“Yuki”) Matsumi, The Prediction Society: Algorithms and the Problems of Forecasting the Future. The paper is available for free on SSRN. Yuki is currently pursuing a PhD at Vrije Universiteit Brussel. Yuki began his career as a technologist, then turned to law, where he […]
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, […]
I recently had a terrific discussion with Prof. Nikolaus Forgó from the University of Vienna. We talked about my two recent paper — on informed consent and on sensitive data. You can watch the interview on YouTube above. Both articles are available for free download below.
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 […]