News, Developments, and Insights

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BCLT Privacy Lecture on Murky Consent in Privacy Law

I’ll be speaking at Berkeley Law’s 16th Annual BCLT Privacy Lecture on 9/22 about Murky Consent: An Approach to the Fictions of Consent in Privacy Law with commenters, Ari Ezra Waldman (Professor, UC Irvine School of Law), Rebecca Wexler (Professor,  UC Berkeley School of Law), and Ella Corren (JSD, UC Berkeley School of Law).

Does European Privacy Law Need a Fix?

 I recently had a terrific discussion with Prof. Nikolaus Forgó from the University of Vienna. We talked about my two recent paper — on informed consent and on sensitive data.  You can watch the interview on YouTube above. Both articles are available for free download below.  

Cartoon: GDPR Consent

Cartoon GDPR Consent - TeachPrivacy GDPR Training 02 medium

This cartoon is about consent under the GDPR.  Under the GDPR Article 6, consent is one of the six lawful bases to process personal data.  Article 7 provides further guidance about consent, including the data subject’s right to withdraw consent.  The meaning of what “consent” requires is most thoroughly stated in Recital 32: Consent should […]

Facebook’s Psych Experiment: Consent, Privacy, and Manipulation

by Daniel J. Solove This weekend, the results of an experiment conducted by researchers and Facebook were released, creating a fierce debate over the ethics of the endeavor. The experiment involved 689,003 people on Facebook whose News Feed was adjusted to contain either more positive or more negative emotional content. The researchers were looking for […]

Georgia v. Randolph and Consent to Search One’s Home

Consent to Search a Home Under the Fourth Amendment

Once upon a time, a wolf came to the home of a little pig: Wolf: “Hello, little pig, let me come in.” Pig: “No, no! Not by the hair of my chinny chin chin!” Wolf: “Well, then I’ll huff and I’ll puff and I’ll blow your house in.” Pig’s Wife: “That won’t be necessary, Wolf, […]