PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

A Critique of the Uniform Law Commission’s Uniform Personal Data Protection Act

Critique of the ULC's Uniform Personal Data Protection Act 02

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 […]

Standing and Privacy Harms: A Critique of TransUnion v. Ramirez

Standing and Privacy Harms

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

Top 10 Privacy Law Developments of the Decade 2010-2019 02

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

Rivera v Google BIPA - Illinois Biometric Information Privacy Act - Facial Recognition - Spokeo

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 […]

NASA v. Nelson

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 […]

How to Fix the Supreme Court Justice Confirmation Process

Supreme Court Justices

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 […]