PRIVACY + SECURITY BLOG

News, Developments, and Insights

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Duties When Contracting with Data Service Providers

data services blog 1

by Daniel J. Solove

In the world of data protection, it’s an old story: Personal data gets shared with a third party data service provider, and then something goes wrong at the provider.

Whose fault is it? The organization that shared the personal data with the vendor certainly has responsibility, as organizations are generally responsible for the actions of their independent contractors. But even though an organization might have to pick up the tab, it can still put all the blame on the vendor.

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The FTC and the New Common Law of Privacy

Bby Daniel J. Solove

I recently posted a draft of my new article, The FTC and the New Common Law of Privacy (with Professor Woodrow Hartzog).

You can download it for free on SSRN.

One of the great ironies about information privacy law is that the primary regulation of privacy in the United States has barely been studied in a scholarly way. Since the late 1990s, the Federal Trade Commission (FTC) has been enforcing companies’ privacy policies through its authority to police unfair and deceptive trade practices. Despite more than fifteen years of FTC enforcement, there is no meaningful body of judicial decisions to show for it. The cases have nearly all resulted in settlement agreements. Nevertheless, companies look to these agreements to guide their privacy practices. Thus, in practice, FTC privacy jurisprudence has become the broadest and most influential regulating force on information privacy in the United States – more so than nearly any privacy statute and any common law tort.

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New Privacy Training Programs: US, EU, and Global Privacy Law

by Daniel J. Solove

We have launched several new privacy training programs, including a series with brief introductions to privacy law.  We have completed a privacy training program about US Privacy Law with a video and interactive material / quiz questions.  And we just completed a training program about EU Privacy Law.  This program has a 7.5 minute video (as well as an abridged version at 4.5 minutes), and there’s a separate excerpt on the Safe Harbor Arrangement for those who only want to cover Safe Harbor in their training programs.

These programs are illustrated-as-I-talk.  You can preview the European Union Privacy Law video.

Coming soon: Global Privacy Law, which will focus heavily on the OECD Privacy Guidelines and  the APEC Privacy Framework.

European Union Privacy Training