Posts about Privacy Laws by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
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
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 […]
“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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
By Daniel J. Solove Does scholarship really have an impact? For a long time, naysayers have attacked scholarship, especially scholarship about law. U.S. Supreme Court Chief Justice Roberts once remarked: “Pick up a copy of any law review that you see, and the first article is likely to be, you know, the influence of […]
By Daniel J. Solove The law regulating government surveillance and information gathering is in dire need of reform. This law, which consists of the Fourth Amendment and several statutes, was created largely in the 1970s and 1980s and has become woefully outdated. The result is that law enforcement officials and intelligence agencies can readily find […]