Data Privacy Posts

New Jersey Enacts Comprehensive Privacy Law

New Jersey is the first state to enact a comprehensive privacy law in 2024 and the 13th state overall with a comprehensive privacy law on the books. The law is notable in applying to nonprofit entities, provided that they meet the Act’s applicability thresholds.

Children’s Digital Privacy and the Case Against Parental Consent

As companies rely on the verifiable parental consent required by the Children’s Online Privacy Protection Act to collect and use minors’ data, reviewing boilerplate waivers of liability and consent forms for children’s online activities have thus become part of parenting.

ALI Data Privacy: Overview and Black Letter Text

In this Article, the Reporters for The American Law Institute Principles of the Law, Data Privacy provide an overview of the project as well as the text of its black letter. The Principles aim to provide a blueprint for policymakers to regulate privacy comprehensively and effectively.

Privacy Harms

Privacy harms have become one of the largest impediments in privacy law enforcement. In most tort and contract cases, plaintiffs must establish that they have been harmed. Even when legislation does not require it, courts have taken it upon themselves to add a harm element.

The Myth of the Privacy Paradox

This article deconstructs and critiques the privacy paradox and the arguments made about it. The “privacy paradox” is the phenomenon where people say that they value privacy highly, yet in their behavior relinquish their personal data for very little in exchange or fail to use measures to protect their privacy.

The FTC Zoom Case: Does the FTC Need a New Approach?

[On Nov. 9, 2020] the FTC announced a complaint and consent order against Zoom for a violation of Section 5 of the FTC Act. More specifically, the FTC charged Zoom with unfair and deceptive data security practices related to encryption and efforts to bypass browser security safeguards.

Our Data-Driven Future: Promise, Perils, and Prognoses

Nowadays, most of our activities and personal details are recorded by one entity or another. These data are used for many applications that fundamentally enrich our lives, such as navigation systems, social networks, search engines, and health monitoring.