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Can the government stick us with privacy we don't want? It can, it does, and according to Anita L. Allen, it may need to do more of it. Privacy is a foundational good, Allen argues, a necessary tool in the liberty-lover's kit for a successful life. A nation committed to personal freedom must be prepared to mandate privacy protections for its people, whether they eagerly embrace them or not. This unique book draws attention to privacies of seclusion, concealment, confidentiality and data-protection undervalued by their intended beneficiaries and targets--and outlines the best reasons for imposing them. Allen looks at laws designed to keep website operators from collecting personal information, laws that force strippers to wear thongs, and the myriad employee and professional confidentiality rules--including insider trading laws--that require strict silence about matters whose disclosure could earn us small fortunes. She shows that such laws recognize the extraordinary importance of dignity, trust and reputation, helping to preserve social, economic and political options throughout a lifetime.
The growth of data-collecting goods and services, such as ehealth and mhealth apps, smart watches, mobile fitness and dieting apps, electronic skin and ingestible tech, combined with recent technological developments such as increased capacity of data storage, artificial intelligence and smart algorithms, has spawned a big data revolution that has reshaped how we understand and approach health data. Recently the COVID-19 pandemic has foregrounded a variety of data privacy issues. The collection, storage, sharing and analysis of health- related data raises major legal and ethical questions relating to privacy, data protection, profiling, discrimination, surveillance, personal autonomy and dignity. This book examines health privacy questions in light of the General Data Protection Regulation (GDPR) and the general data privacy legal framework of the European Union (EU). The GDPR is a complex and evolving body of law that aims to deal with several technological and societal health data privacy problems, while safeguarding public health interests and addressing its internal gaps and uncertainties. The book answers a diverse range of questions including: What role can the GDPR play in regulating health surveillance and big (health) data analytics? Can it catch up with internet-age developments? Are the solutions to the challenges posed by big health data to be found in the law? Does the GDPR provide adequate tools and mechanisms to ensure public health objectives and the effective protection of privacy? How does the GDPR deal with data that concern children’s health and academic research? By analysing a number of diverse questions concerning big health data under the GDPR from various perspectives, this book will appeal to those interested in privacy, data protection, big data, health sciences, information technology, the GDPR, EU and human rights law.
The Seventh Edition of Information Privacy Law has been revised to include the California Consumer Privacy Act, the GDPR, Carpenter, state biometric data laws, and many other new developments. A clear, comprehensive, and cutting-edge introduction to the field of information privacy law, Information Privacy Law contains the latest cases and materials exploring issues of emerging technology and information privacy, and the extensive background information and authorial guidance provide clear and concise introductions to various areas of law. New to the Seventh Edition: Additional Coverage or updates to: California Consumer Privacy Act Carpenter v. United States General Data Protection Regulation State biometric data laws New FTC enforcement actions, including Facebook Professors and students will benefit from: Extensive coverage of FTC privacy enforcement, HIPAA and HHS enforcement, standing in privacy lawsuits, among other topics. Chapters devoted exclusively to data security, national security, employment privacy, and education privacy. Sections on government surveillance and freedom to explore ideas. Extensive coverage of the NSA and the Snowden revelations and the ensuing regulation. Engaging approach to complicated laws and regulations such as HIPAA, FCRA, ECPA, GDPR, and CCPA.
Developed from the casebook¿Information Privacy Law, this short paperback contains key cases and materials focusing on privacy issues¿related to the media. Topics covered include the privacy torts, free speech, First¿Amendment, paparazzi, defamation, online gossip and social network websites. New to the Fourth Edition: New cases and notes throughout, including the addition of a leading right of publicity case from California, De Havilland v. FX Networks, LLC. This book could be used in courses including: Media law Entertainment law Cyberlaw First Amendment / free speech Privacy law Information law Torts II Journalism
This short paperback, developed from the casebook Information Privacy Law,contains key cases and materials focusing on privacy issues related to consumer privacy and data security. This book is designed for use in courses and seminars on: Cyberlaw Law and technology Privacy law Information law Consumer law New to the Third Edition: CCPA, biometric privacy laws FTC Facebook Cambridge Analytica case United States v. Gratkowski (Bitcoin and the Fourth Amendment) In re Vizio, Inc. Additional material about TCPA litigation, including Stoops v. Wells Fargo Bank Additional material on the FCC Act Additional material on the Video Privacy Protection Act Barr v. American Association of Political Consultants Topics covered include: Big Data, financial privacy, FCRA, GLBA, FTC privacy and security regulation Identity theft, online behavioral advertising First Amendment limitations on privacy regulation Data breaches, data breach notification statutes Privacy of video watching and media consumptions CFAA, enforcement of privacy policies, marketing use of data, and more
How should a free society protect privacy? Dramatic changes in national security law and surveillance, as well as technological changes from social media to smart cities mean that our ideas about privacy and its protection are being challenged like never before. In this interdisciplinary book, Chris Berg explores what classical liberal approaches to privacy can bring to current debates about surveillance, encryption and new financial technologies. Ultimately, he argues that the principles of classical liberalism – the rule of law, individual rights, property and entrepreneurial evolution – can help extend as well as critique contemporary philosophical theories of privacy.
What is the appropriate balance between privacy, security, and accountability? What do we owe each other in terms of information sharing and access? Why is privacy valuable and is it more or less important than other values like security or free speech? Is Edward Snowden a hero or villain? Within democratic societies, privacy, security, and accountability are seen as important values that must be balanced appropriately. If there is too much privacy, then there may be too little accountability – and more alarmingly, too little security. On the other hand, where there is too little privacy, individuals may not have the space to grow, experiment, and engage in practices not generally accepted by the majority. Moreover, allowing overly limited control over access to and uses of private places and information may itself be a threat to security. By clarifying the moral, legal, and social foundations of privacy, security, and accountability, this book helps determine the appropriate balance between these contested values. Twelve specially commissioned essays provide the ideal resource for students and academics in information and applied ethics.
The essential road map for understanding—and defending—your right to privacy in the twenty-first century. Privacy is disappearing. From our sex lives to our workout routines, the details of our lives once relegated to pen and paper have joined the slipstream of new technology. As a MacArthur fellow and distinguished professor of law at the University of Virginia, acclaimed civil rights advocate Danielle Citron has spent decades working with lawmakers and stakeholders across the globe to protect what she calls intimate privacy—encompassing our bodies, health, gender, and relationships. When intimate privacy becomes data, corporations know exactly when to flash that ad for a new drug or pregnancy test. Social and political forces know how to manipulate what you think and who you trust, leveraging sensitive secrets and deepfake videos to ruin or silence opponents. And as new technologies invite new violations, people have power over one another like never before, from revenge porn to blackmail, attaching life-altering risks to growing up, dating online, or falling in love. A masterful new look at privacy in the twenty-first century, The Fight for Privacy takes the focus off Silicon Valley moguls to investigate the price we pay as technology migrates deeper into every aspect of our lives: entering our bedrooms and our bathrooms and our midnight texts; our relationships with friends, family, lovers, and kids; and even our relationship with ourselves. Drawing on in-depth interviews with victims, activists, and advocates, Citron brings this headline issue home for readers by weaving together visceral stories about the countless ways that corporate and individual violators exploit privacy loopholes. Exploring why the law has struggled to keep up, she reveals how our current system leaves victims—particularly women, LGBTQ+ people, and marginalized groups—shamed and powerless while perpetrators profit, warping cultural norms around the world. Yet there is a solution to our toxic relationship with technology and privacy: fighting for intimate privacy as a civil right. Collectively, Citron argues, citizens, lawmakers, and corporations have the power to create a new reality where privacy is valued and people are protected as they embrace what technology offers. Introducing readers to the trailblazing work of advocates today, Citron urges readers to join the fight. Your intimate life shouldn’t be traded for profit or wielded against you for power: it belongs to you. With Citron as our guide, we can take back control of our data and build a better future for the next, ever more digital, generation.
The Ethics of Surveillance: An Introduction systematically and comprehensively examines the ethical issues surrounding the concept of surveillance. Addressing important questions such as: Is it ever acceptable to spy on one's allies? To what degree should the state be able to intrude into its citizens' private lives in the name of security? Can corporate espionage ever be justified? What are the ethical issues surrounding big data? How far should a journalist go in pursuing information? Is it reasonable to expect a degree of privacy in public? Is it ever justifiable for a parent to read a child’s diary? Featuring case studies throughout, this textbook provides a philosophical introduction to an incredibly topical issue studied by students within the fields of applied ethics, ethics of technology, privacy, security studies, politics, journalism and human geography.
Privacy is one of our most essential values, but popular understanding of it lags far behind the heat the concept generates. It's easy to understand why. The concept itself has shifted in U.S. law from autonomy, to property, to confidentiality. Further, with a host of cultural differences as to how privacy is understood globally and in different religions, and with nonstop technological advancements, its significance is continually evolving. Leslie P. and John G. Francis draw upon their extensive expertise in law, philosophy, political science, regulatory policy, and bioethics to parse privacy's meaning in the modern age. This book will inform, appease, and alert readers to what is at stake when privacy is breached.