(1) edited version of Carpenter v. US
(2) overview of the CCPA + state biometric privacy laws
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 provide a set of best practices for entities that collect and control data concerning individuals and guidance for a variety of parties at the federal, state, and local levels, including legislators, attorneys general, and administrative agency officials.”
The project is an attempt to create a comprehensive approach to data privacy for the United States. The project was 7 years in the making, and we’re thrilled finally to share the text. We also wrote a short introduction to explain what various provisions are attempting to accomplish. You can download it from SSRN for free. Our piece is called ALI Data Privacy: Overview and Black Letter Text.
Here’s the abstract.
In this Essay, the Reporters for the American Law Institute Principles of Law, Data Privacy provide an overview of the project as well as the text of its black letter. The Principles aim to provide a blueprint for policymakers to regulate privacy comprehensively and effectively.
The United States has long remained an outlier in privacy law. While numerous nations have enacted comprehensive privacy laws, the U.S. has clung stubbornly to a fragmented, inconsistent patchwork of laws. Moreover, there long has been a vast divide between the approaches of the U.S. and European Union (EU) to regulating privacy – a divide that many consider to be unbridgeable.
The Principles propose comprehensive privacy principles for legislation that are consistent with certain key foundations in the U.S. approach to privacy, yet that also align the U.S. with the EU. Additionally, the Principles attempt to breathe new life into the moribund and oft-criticized U.S. notice-and-choice approach, which has remained firmly rooted in U.S. law. Drawing from a vast array of privacy laws and frameworks, and with a balance of innovation, practicality, and compromise, the Principles aim to guide policymakers in advancing U.S. privacy law.
The essay above consists of our short introduction and the black letter text. The full document is 100+ pages long and is available at the ALI. Right now, final proofreading and formatting are being done on the document, but you can obtain from ALI the near-final version.
I am pleased to announce the publication of the new edition of PRIVACY LAW FUNDAMENTALS, my short guide to privacy law with Prof Paul Schwartz. The purpose of this compact treatise is to distill the vast terrain of privacy law to the essential cases, regulations, statutes, and other notable developments. We aim to provide what you need to know about privacy law in a concise volume that doesn’t weigh 500 pounds. We hope that this book will serve as a privacy law reference that you can readily keep at hand.
Please visit my casebook website — Information Privacy Law — to find out more info about this book, as well as my casebooks with Paul Schwartz.
I’m pleased to announce that there is a newly-created archive of all of my notable privacy+security books posts – for years 2008-present. Together, there are probably about 100 books featured. The past decade has seen a tremendous abundance of scholarship on privacy and security topics, and there are some truly essential books discussed in these posts.
If you’re interested in a more comprehensive listing of privacy+security books (including books written before the past 10 years), Paul Schwartz and I maintain a page over at our Privacy+Security Academy website that lists privacy+security non-fiction books.