PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

The Scope and Potential of FTC Data Protection

FTC Privacy and Security

I am pleased to announce the publication of my article, The Scope and Potential of FTC Data Protection., 83 George Washington Law Review 2230 (2015).  I wrote the article with Professor Woodrow Hartzog. The article addresses  the scope of FTC authority in the areas of privacy and data security (which together we refer to as […]

Blogging Highlights 2015: Privacy Issues

Privacy Training

I’ve been going through my blog posts from 2015 to find the ones I most want to highlight.  Here are some selected posts on privacy issues: I. PHILOSOPHICAL Privacy by Design: 4 Key Points What Is Privacy? II. PRIVACY LAW Why All Law Schools Should Teach Privacy Law — and Why Many Don’t

10 Implications of the New EU General Data Protection Regulation (GDPR)

EU GDPR Training General Data Protection Regulation

Last week, the EU issued the General Data Protection Regulation (GDPR), a long-awaited comprehensive privacy regulation that will govern all 28 EU member countries.  Clocking in at more than 200 pages, this is quite a document to digest.  According to the European Commission press release: “The regulation will establish one single set of rules which […]

Does Cybersecurity Law Work Well? An Interview with Ed McNicholas

Cyber Security

“The US is developing a law of cybersecurity that is incoherent and unduly complex,” says Ed McNicholas, one of the foremost experts on cybersecurity law.  McNicholas is a partner at Sidley Austin LLP and co-editor of the newly-published treatise, Cybersecurity: A Practical Guide to the Law of Cyber Risk (with co-editor Vivek K. Mohan).   The […]

Modernizing Electronic Surveillance Law

By Daniel J. Solove Next year, there will be a milestone birthday for the Electronic Communications Privacy Act (ECPA) – the primary federal law that regulates how the government and private parties can monitor people’s Internet use, wiretap their communications, peruse their email, gain access to their files, and much more. This is no ordinary […]

The Growing Problems with the Sectoral Approach to Privacy Law

Sectoral Omnibus Privacy Regulation

By Daniel J. Solove The US regulates privacy with a sectoral approach, with laws that are directed only to specific industries.  In contrast, the EU and many other countries have an omnibus approach — one overarching law that regulates privacy consistently across all industries.  The US is an outlier from the way most countries regulate […]

Understanding the FTC on Privacy and Security

Privacy Training Blog FTC

by Daniel J. Solove I recently held a webinar about the Federal Trade Commission (FTC) for TRUSTe called Understanding the FTC on Privacy and Security.   The webinar is free and is archived at TRUSTe’s site. Here is a brief synopsis of the webinar: For the past nearly two decades, the FTC has risen to […]

Myths About Privacy Law and the First Amendment

by Daniel J. Solove In Sorrell vs. IMS Health, 131 S. Ct. 2653 (2011), the Supreme Court struck down Vermont’s Prescription Confidentiality Law as a violation of the First Amendment right to free speech. The Vermont law restricted the sale and marketing use of information that would identify prescribers without their consent. The Supreme Court […]

Privacy Law: From a National Dish to a Global Stew

By Daniel J. Solove This post is co-authored by Professor Neil Richards The recent case of Google v. Vidal-Hall in the UK has generated quite a buzz, with Omer Tene calling it the “European privacy judicial decision of a decade.” The case illustrates several fascinating aspects of the developing global law of privacy, with big […]