For Data Privacy Day, here’s a cartoon about the history of privacy. A constant stream of articles and books proclaim that privacy is dead. But people have been saying that privacy is dead for quite some time. This is either the longest death scene in history, or privacy isn’t dying.
I am pleased to announce that Professor Paul Schwartz and I have released new supplemental materials for our INFORMATION PRIVACY LAW casebooks:
(1) edited version of Carpenter v. US
(2) overview of the CCPA + state biometric privacy laws
Here are some of highlights of my privacy training, writing, resources, and humor from 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 is situated. For example, if one is from a small country, that country’s developments are quite notable even if not well-known on a worldwide stage.
Privacy awareness training educates an organization’s workforce about the way that the organization protects privacy and the workforce’s role in this endeavor. In this post, I explain what privacy awareness training should include. Privacy awareness training typically covers the following things:
I am pleased to announce my new CCPA FAQ that covers all the key details of the California Consumer Protection Act.
Here are some notable books on privacy and security from 2019. To see a more comprehensive list of nonfiction works about privacy and security, Professor Paul Schwartz and I maintain a resource page on Nonfiction Privacy + Security Books.
Facial recognition technology involves using algorithms to identify people based on their faces. Distinctive details about people’s faces are compiled into “face templates,” which are then stored in a database and used to find facial matches,
Facial recognition is quickly being deployed by many companies for various purposes, such as authenticating identity (unlocking smart phones) and identifying people in photos. Other uses include using the data to track people’s location and behavior. Facial recognition technology also can detect people’s emotions – an ability that could be used to manipulate people.
UPDATE: A follow-up letter was sent to all U.S. law school deans in 2023. Read more about the follow-up letter here.
Recently a group of legal academics and practitioners in the field of privacy law sent a letter to the deans of all U.S. law schools about privacy law education in law schools. My own brief intro about this endeavor is here in italics, followed by the letter. The signatories to the letter have signed onto the letter, not this italicized intro.
Although the field of privacy law grown dramatically in past two decades, education in law schools about privacy law has significantly lagged behind. Most U.S. law schools lack a course on privacy law. Of those that have courses, many are small seminars, often taught by adjuncts. Of the law schools that do have a privacy course, most often just have one course. Most schools lack a full-time faculty member who focuses substantially on privacy law.
This state of affairs is a great detriment to students. I am constantly approached by students and graduates from law schools across the country who are wondering how they can learn about privacy law and enter the field. Many express great disappointment at the lack of any courses, faculty, or activities at their schools.
This cartoon depicts the travails of complying with the CCPA as it rapidly evolves. The CCPA originated when a referendum regarding consumer privacy rights was scheduled to be on the ballot in November 2018. Alastair Mactaggart, the referendum’s sponsor, offered to withdraw it if California passed a law. So, in the summer of 2018, the California legislature passed the CCPA in an all-out dash to beat the deadline for the referendum’s withdrawal
Businesses scrambled to get ready to comply for the CCPA’s effective date – January 2020. Being ready to comply with the CCPA requires quite a lot of work. Further complicating compliance, the CCPA is riddled with ambiguities and difficult tradeoffs between privacy and data security.