PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Webinar – Privacy Legislation: How to Create Effective Privacy Laws

In this webinar, I moderate a discussion about recent privacy laws, what works, what fails, the virtues/vices of a private right of action, and other ideas for creating good laws. Speakers include: Lauren Scholz (Florida State Law) Ari Waldman (Northeastern Law) Margot Kaminski (Colorado Law) You can see the archived webinar by clicking the button […]

BREACHED! WHY DATA SECURITY LAW FAILS AND HOW TO IMPROVE IT (Oxford University Press 2022)

Breached - Solove and Hartzog 05

I’m delighted to announce that my new book, Breached!, with Professor Woodrow Hartzog is now out in print: BREACHED! WHY DATA SECURITY LAW FAILS AND HOW TO IMPROVE IT (Oxford University Press, March 1, 2022) Website for Breached!  Breached! Amazon Page Excerpt from the book jacket description: Drawing insights from many fascinating stories about data breaches, Solove […]

ALI Data Privacy: Overview and Black Letter Text

The final published version of my article with Professor Paul Schwartz, ALI Data Privacy: Overview and Black Letter Text., 68 UCLA L. Rev. 1262 (2022) is now posted on SSRN and available as a free download. The article is based on the ALI Data Privacy Principles. Professor Paul Schwartz and I were the co-reporters on […]

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. […]

Speaking at Privacy Week Event of the Philippines National Privacy Commission

On May 28, 2021, at 9:30 AM Philippine time (Thursday, May 27 at 8:30 PM Eastern), I will be speaking about “The Myth of the Privacy Paradox” at the Philippines Privacy Week event put on by the Philippines National Privacy Commission (NPC). My talk will be moderated by Jon Bello, a partner at Medialdea Bello and Suarez […]

Dark Patterns Reading List and Resources

Dark patterns are starting to receive increased regulatory attention, which is a welcome development in the evolution of privacy law. Here’s a dark patterns resource and reading list. What Are “Dark Patterns”? Harry Brignull coined the term “dark pattern” in 2010, defining it as “a user interface that has been carefully crafted to trick users […]

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!

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 […]

Top 10 Privacy Law Developments of the Decade 2010-2019

Top 10 Privacy Law Developments of the Decade 2010-2019 02

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 […]