PAC-5010: Privacy Law and Data Protection

Solove, D (2013). 10 reasons why privacy matters. Retrieved from https://teachprivacy.com/10-reasons-privacy-matters/

The article provides a comprehensive overview of the various reasons why privacy matters, including its role in limiting government and corporate power, respecting individuals, reputation management, maintaining appropriate social boundaries, fostering trust, providing control over one's life, preserving freedom of thought and speech, protecting freedom of social and political activities, and enabling second chances.

Lundgren, B. (2021). Confusion and the role of intuitions in the debate on the conception of the right to privacy. Res Publica (13564765), 27(4), 669–674. https://doi.org/10.1007/s11158-020-09495-9

This article responds to the arguments of Jakob Thraine Mainz and Rasmus Uhrenfeldt, who defended a control-based conception of the moral right to privacy. The article addresses the problems with the main argument of Mainz and Uhrenfeldt and provides a sketch of a general response for defending the limited access conception of the right to privacy against control-based intuitions, making it a useful read for students taking a privacy law and data protection course.

Myers, C. (2020). Warren, Samuel & Louis Brandeis. The right to privacy, 4 Harv. L. Rev. 193 (1890). Communication Law and Policy, 25(4), 519–522. Retrieved from https://search.ebscohost.com/login.aspx?direct=true&AuthType=sso&db=edshol&AN=edshol.hein.journals.comulp25.57&site=eds-live&scope=site&custid=s1229530

Borgesius, F. Z., Gray, J., & Eechoud, M. V. (2015). Open data, privacy, and fair information principles: Towards a balancing framework. Berkeley Technology Law Journal, 30(3), 2073–2132. https://search.ebscohost.com/login.aspx?direct=true&AuthType=sso&db=edshol&AN=edshol.hein.journals.berktech30.51&site=eds-live&scope=site&custid=s1229530

Open data are held to contribute to a wide variety of social and political goals,
including strengthening transparency, public participation and democratic accountability,
promoting economic growth and innovation, and enabling greater pubhc sector efficiency
and cost savings. However, releasing government data that contain personal information

Wong, M. (2021). Revising U.S. privacy laws: New laws are required to fill in the gaps of current and proposed legislation to account for new technology and future emergencies. Brooklyn Journal of Corporate, Financial & Commercial Law, 16(1), 305–333. https://search.ebscohost.com/login.aspx?direct=true&AuthType=sso&db=bth&AN=156958805&site=eds-live&scope=site&custid=s1229530

This article highlights the shortcomings of the current state and sector-specific privacy laws and emphasizes the urgent need for comprehensive federal privacy legislation in light of the increased vulnerability of users' health and location data due to COVID-19 data collection methods. The article also suggests a new approach to federal privacy regulation, including a revised private right of action component, a sunset provision for preemption, and increased scope of governance in COVID-19-responsive legislation.

Hu, M. (2019). The ironic Privacy Act. Washington University Law Review, 96(6), 1267. https://search.ebscohost.com/login.aspx?direct=true&AuthType=sso&db=a9h&AN=156168511&site=eds-live&scope=site&custid=s1229530

This article discusses the problem of dirty data in K-12 education records, which can have catastrophic consequences for students, particularly those from marginalized communities. The article argues that FERPA, the law designed to protect student privacy, should be enhanced to prevent dirty data harms, and proposes a two-step process for input validation and a requirement for accounting of disclosures to law enforcement.

Thorin Klosowski, 2021, Wirecutter. The state of consumer data privacy laws in the US (And why it matters). Retrieved from https://www.nytimes.com/wirecutter/blog/state-of-privacy-laws-in-us/

This article provides an overview of the current state of privacy laws in the United States and highlights the need for a federal privacy law to provide comprehensive protection to individuals' data. This information is crucial for students studying privacy law to understand the legal framework and gaps in privacy protection in the US.