Dennis D. Hirsch of Capital has written That's Unfair! Or Is It? Big Data, Discrimination and the FTC's Unfairness Authority, 103 Kentucky Law Journal (2015). Here is the abstract: Big data and data analytics (“big data”) can produce many social and economic benefits. But they can also generate privacy injuries and harmful discrimination. The governance of […]
Category Archives: Privacy
Here. An excerpt: To opponents, the bill might better be named the "Data Insecurity and Breach Hiding Act." Beth Givens, executive director of the Privacy Rights Clearinghouse, says its passage "would be a giant step backward for consumer protection." Even more emphatic is John Breyault of the National Consumers League. "Only in Washington would they […]
By Dee Pridgen The ABA Consumer Protection Conference held February 12 on the campus of the George Washington University in Washington, D.C., focused on the work of the Federal Trade Commission (FTC), as well as the work of advertising self-regulatory bodies, especially in the areas of big data and the “Internet of Things.” FTC Chair […]
Frank Pasquale of Maryland has a terrific op-ed in today's Times, The Dark Market for Personal Data, about lists of consumers with various characteristics. An excerpt: There are three problems with these lists. First, they are often inaccurate. For example, as The Washington Post reported, an Arkansas woman found her credit history and job prospects wrecked […]
Joel R. Reidenberg, N. Cameron Russell, Alexander J. Callen, Sophia Qasir, and Thomas B. Norton, all of Fordham, have written Privacy Harms and the Effectiveness of the Notice and Choice Framework. Here is the abstract: In the last fifteen years, the Federal Trade Commission and the White House have promoted notice and choice as the […]
by Jeff Sovern You know those bulletin boards you used to see at some doctors' offices with snapshots of babies they had either treated or delivered? Well, last week, the Times ran an article, Baby Pictures at the Doctor’s? Cute, Sure, but Illegal about how display of the photos where patients and others could see them […]
Woodrow Hartzog of Samford's Cumberland School of Law and Stanford's Center for Internet and Society and Daniel J. Solove of George Washington have written The Scope and Potential of FTC Data Protection, 83 George Washington Law Review (2015, Forthcoming). Here is the abstract: For more than fifteen years, the Federal Trade Commission (FTC) has regulated privacy […]
Chris Jay Hoofnagle and Jennifer M. Urban, both of Berkeley, have written Alan Westin's Privacy Homo Economicus, 49 Wake Forest Law Review 261 (2014). Here's the abstract: Homo economicus reliably makes an appearance in regulatory debates concerning information privacy. Under the still-dominant U.S. “notice and choice” approach to consumer information privacy, the rational consumer is […]
by Jeff Sovern Here, in the Pittsburgh Post-Gazette.