William McGeveran of Minnesota has written The Duty of Data Security, 102 Minnesota Law Review (2018, Forthcoming). Here is the abstract: As data breaches become larger and more frequent, the question naturally arises: what precautions does the law require of the data custodians who hold our personal information in their digital files? What is the legal duty of […]
Category Archives: Privacy
Christoph Busch of the University of Osnabrück – European Legal Studies Institute has written Implementing Personalized Law: Personalized Disclosures in Consumer Law and Privacy Law, forthcoming in the University of Chicago Law Review. Here's the abstract: This Article explores how the rise of Big Data and algorithm-based regulation could fundamentally change the design and structure of disclosure mandates […]
Here. She also offered ways to deal with the privacy policies, including what terms to search for to cut the reading down to thirty or forty yards.
Matthew A. Bruckner of Howard has written The Promise and Perils of Algorithmic Lenders' Use of Big Data, 93 Chicago-Kent Law Review (2018). Here's the abstract: Like many new technologies, algorithmic lenders’ use of Big Data holds great promise but may also be perilous. At the most basic level, Big Data is simply a toolkit for “creating, […]
David A. Hyman of Georgetown and William E. Kovacic of GW and , King's College London – The Dickson Poon School of Law have written Implementing Privacy Policy: Who Should Do What?. Here's the abstract: Academic scholarship on privacy has focused on the substantive rules and policies governing the protection of personal data. An extensive literature […]
by Jeff Sovern During a recent hearing by the House Financial Services Subcommittee on Financial Institutions and Consumer Credit, Marc Rotenberg, president of the Electronic Information Privacy Center and an adjunct at Georgetown, pointed out that we still didn't know who was behind the Equifax breach. He noted that people would have been deeply upset […]
by Jeff Sovern Yesterday I expressed doubt about whether it matters if the CFPB backs off on investigating Equifax. Now I'm wondering if I was wrong to do so. I hadn't given enough thought to the CFPB's supervisory responsibilities over collection bureaus. Vox has an article which reports: A CFPB spokesperson said in an email to […]
by Jeff Sovern The answer to the question is that I'm not sure it does. Brian reported earlier today that Reuters is saying that the CFPB has put its Equifax probe on ice. But Reuters also reports that Equifax says it is under investigation by every state AG, that the FTC is investigating, and that […]
by Jeff Sovern Back in December, the Times had an article headlined That Game on Your Phone May Be Tracking What You’re Watching on TV, that reported that hundreds–even thousands–of apps, some geared towards children, use the phone microphone to identify what shows people are watching, which can in turn be used to target ads to […]
Here, by Sophia Morris. Among the cases is the possible return of Spokeo to SCOTUS. Standing is also an issue in another case mentioned in the report, but in the second case the issue arises in connection with a data breach.