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 […]
Category: Supreme Court US
Posts about the U.S. Supreme Court by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
Standing and Privacy Harms: A Critique of TransUnion v. Ramirez
I recently published a short essay with Professor Danielle Citron critiquing the recent Supreme Court decision, TransUnion v. Ramirez (U.S. June 25, 2021) where the Court held that plaintiffs lacked standing to use FCRA’s private right of action to sue for being falsely labeled as terrorists in their credit reports. The essay is here: Daniel J. […]
Top 10 Privacy Law Developments of the Decade 2010-2019
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 […]
The Trouble with Spokeo: Standing, Privacy Harms, and Biometric Information
A recent case involving the Illinois Biometric Information Privacy Act (BIPA), Rivera v Google (N.D. Ill. No. 16 C 02714, Dec. 28, 2018), puts the ills of Spokeo Inc. v. Robins on full display. In Rivera, plaintiffs sued Google under BIPA, which prohibits companies from collecting and storing specific types of biometric data without people’s consent. The plaintiffs alleged that Google […]
The Potentially Profound Implications of United States v. Jones
I must respectfully disagree with a recent post by Renee Hutchins on our blog [link no longer available] about the recent U.S. Supreme Court case, United States v. Jones. She concludes:
NASA v. Nelson
The U.S. Supreme Court has decided NASA v. Nelson, reversing the 9th Circuit 8-0. My thoughts about the case are here and here [links no longer available], and as I predicted, the Court rejected the 9th Circuit holding that the government employment background check questionnaires violated the constitutional right to information privacy. Fortunately, the Court […]
Is Judicial Neutrality Possible? A Response to Lawrence Solum
Earlier today, I posted my thoughts about how to fix the Supreme Court nomination process, and I wrote:
How to Fix the Supreme Court Justice Confirmation Process
There are few defenders of the Supreme Court Justice confirmation process. Every time it occurs, we go through a charade of hearings, where candidates are coy about their positions on most issues and talk about “neutrality” and being a mere “umpire.” Who are they kidding? We all know that no judge is neutral or a […]
The U.S. Supreme Court and Privacy Law
I can’t help but note that there are quite a few cases on the U.S. Supreme Court calendar involving privacy law:
Thoughts on City of Ontario v. Quon: The Fourth Amendment and Privacy of Electronic Communications in the Workplace
The Supreme Court will soon hear arguments in City of Ontario v. Quon, an important Fourth Amendment case involving the privacy of electronic communications in the workplace.