PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

A Critique of the Uniform Law Commission’s Uniform Personal Data Protection Act

Critique of the ULC's Uniform Personal Data Protection Act 02

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

Limitations of Privacy Rights - Daniel Solove 02

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. […]

Standing and Privacy Harms: A Critique of TransUnion v. Ramirez

Standing and Privacy Harms

I recently published a short essay with Professor Danielle Citron critiquing the recent Supreme Court decision, TransUnion v. Ramirez (U.S. June 25, 2021) where the Court held that plaintiffs lacked standing to use FCRA’s private right of action to sue for being falsely labeled as terrorists in their credit reports. The essay is here: Daniel J. […]

ALI Data Privacy Principles

ALI Data Privacy

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 […]

The Three General Approaches to Privacy Regulation

Three Approaches to Privacy Law

These days, the debate about a federal comprehensive privacy law is buzzing louder than ever before. A number of bills are floating around Congress, and there are many proposals for privacy legislation by various groups, organizations, and companies.  As proposals to regulate privacy are debated, it is helpful to distinguish between three general approaches to […]

ALI Data Privacy: Overview and Black Letter Text — Available for Download

American Law Institute (ALI) Data Privacy 01

Professor Paul Schwartz and I have posted the black letter text of the American Law Institute (ALI), Principles of the Law, Data Privacy. Professor Paul Schwartz and I were co-reporters on the project.  Earlier this year, I wrote a post about our completion of the project.  According to the ALI press release: “The Principles seek to […]

The FTC Can Rise to the Privacy Challenge, but Not Without Help From Congress

FTC

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 […]

ALI Principles of Law, Data Privacy

ALI Principles of Law Data Privacy

I’m thrilled that, the American Law Institute (ALI) has approved the Principles of the Law, Data Privacy. Professor Paul Schwartz and I were co-reporters on the project.  According to the ALI press release: “The Principles seek to provide a set of best practices for entities that collect and control data concerning individuals and guidance for […]

Anatomy of a Privacy Law

Anatomy of a Privacy Law - Prof Daniel Solove 01

I was recently giving a presentation about new privacy laws, and I created the infographic above to catalog the various elements that privacy laws often have.  Going through this list can help to assess how complete a privacy law is.  For example, the California Consumer Privacy Act (CCPA) is often compared to the General Data […]