Jul 30 2011

Data protection privacy - meet the First Amendment

Oct 11 2008

Privacy and personal data security - the new litigation frontier?

Widespread adoption of rules regarding security of personally identifiable information has been paralleled by a surge of class-action litigation against companies whose databases have been breached. They are a potential target beyond modern parallel. This setting potentially offers class action lawyers bountiful fuel. But courts and legislators should take a different path.

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Nov 1 2005

Security breach notice laws: evidence?

"Data security" is a new mantra with many faces. One face involves "security breach notice" laws now in over fifteen states and being considered by Congress. We need to pause and ask whether these laws create or solve a problem. Whether these are good or bad laws remains to be seen, but they have been enacted rapidly and are not uniform. They reflect an increasingly common rush to legislative judgment that we have seen on various Internet and digital information "problems."

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Sep 6 2005

Privacy, Data Protection and Security Balance

The United States is in the midst of a dramatic refashioning of how we handle "personal" information. An energetic and effective political move is occurring to create laws that mandate control of so-called "personally identifiable" data. This is not a "privacy" issue in the traditional sense. It is an issue of data control. More important, while there are aspects of this movement that are valuable developments in the information age, a balance needs to be drawn that in the present political environment, is sometimes ignored. That balance is between your "right" to control use of information about you, and my "right" to speak and to use knowledge obtained other than under a confidentiality promise.

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