PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Artificial Intelligence and Privacy

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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 […]

Data Is What Data Does: Regulating Based on Harm and Risk Instead of Sensitive Data

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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 […]

Webinar – GDPR Enforcement: A Conversation with Max Schrems Blog

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.

The Prediction Society: Algorithms and the Problems of Forecasting the Future

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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 […]

The Limitations of Privacy Rights

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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, […]

Does European Privacy Law Need a Fix?

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.  

Murky Consent: An Approach to the Fictions of Consent in Privacy Law

Article - Solove - 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 […]

Data Is What Data Does: Regulating Use, Harm, and Risk Instead of Sensitive Data

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I posted a draft of my new article, Data Is What Data Does: Regulating Use, Harm, and Risk Instead of Sensitive Data. It is just a draft, and I welcome feedback. You can download it for free here: Here’s the abstract: Heightened protection for sensitive data is becoming quite trendy in privacy laws around the […]

Webinar: Cross-Border Data Transfers: What’s Next?

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  If you couldn’t make my webinar to discuss cross-border data transfers, you can watch the replay here. Justin Antonipillai of Wirewheel, Josh Harris of BBB National Programs and I discussed the new framework between the US and the EU for cross-border data transfers as well as the CBPRs.  We also discussed steps that companies […]