Foundations and Themes of US Privacy Law

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This course provides a synthesis of the sprawling landscape of privacy laws and regulations.

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Description

LEARNING OBJECTIVES
To obtain a broad overview of privacy law, to understand the key issues involved, to learn how privacy law works, and to understand the differences and similarities between various privacy laws.

 

Lenght: Approximately 1 hour

Written by: Professors Daniel J. Solove and Paul M. Schwartz

Instructor: Professor Daniel J. Solove

 

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COURSE DESCRIPTION
This course provides a synthesis of the sprawling landscape of privacy laws and regulations. It discusses the overarching themes of privacy law and provides background to foster greater understanding of how various privacy laws apply to concrete situations. The course discusses the different definitions of personally identifiable information, the way various laws and courts understand privacy harm, the evolution over time of privacy law, the different methods of enforcing privacy laws, and the differences and similarities between privacy regulation in different states and nations. The course also covers the Fair Information Practice Principles (FIPPs), consent, and how privacy law works in practice.

 

CERTIFICATE
To obtain a broad overview of privacy law, to understand the key issues involved, to learn how privacy law works, and to understand the differences and similarities between various privacy laws.

 

 

COURSE OUTLINE 

About this Course
Introduction
Trigger Points

Type of Data + Type of Entity
Personally Identifiable Information (PII)
Harm
Definition of “Privacy”

Dynamism and Development

Codification of Self-Regulation
Privacy Law Is Malleable
Old Laws, New Technologies
Privacy Law Has Strengthened Over Time
The Rise of the FTC

Enforcement

Enforcement Mechanisms
Government Agency Enforcement
Private Right of Action
Common Law Enforcement

Differences

Different Types of Regulation
The Role of the States
Sectoral vs. Omnibus Approach
US Privacy Law Is Strong

Fair Information Practice Principles

The FIPPs
Notice and Choice
Consent

Extent of Coercion
Action vs. Inaction Required
Written or Unwritten
Degree of Being Informed

Uses of Personal Data

Law in Theory, Law in Practice

The Power of the Strictest Law
Internal Governance
Privacy Beyond the Law

Conclusion

 

COURSE READINGS

Required Readings

Handout: Selected List of Federal Statutes Pertaining to Privacy
Handout: OECD Privacy Guidelines
Handout: Professor Solove’s Taxonomy of Privacy
Article: Daniel J. Solove, A Brief History of Information Privacy Law, Proskauer on Privacy (2016)

Recommended Readings

Book: Daniel J. Solove, Understanding Privacy (Harvard University Press 2008)