Privacy Law

Smart Meters as a Catalyst for Privacy Law

Matthew Tokson

Abstract Response to Matthew B. Kugler & Meredith Hurley, Protecting Energy Privacy Across the Public/Private Divide Smart utility meters raise several puzzling legal questions and answering them can help point the way toward the future of Fourth Amendment and civil privacy law. More than any other current technology, smart meters compel the development of use […]

Recognizing the Criminal/Civil Divide in the Use of Energy Data

Alexandra B. Klass & Elizabeth J. Wilson

Abstract Response to Professor Matthew Kugler and Meredith Hurley, Protecting Energy Privacy Across the Public/Private Divide In their 2020 Article, Protecting Energy Privacy Across the Public/Private Divide, Professor Matthew Kugler and recent law school graduate Meredith Hurley express concern that the “smart home” revolution poses dangerous privacy risks to homeowners who do not realize that […]

A Faustian Bargain that Undermines Research Participants’ Privacy Rights and Return of Results

Barbara J. Evans & Susan M. Wolf

Abstract A 2018 committee report published by the highly respected National Academies of Science, Engineering, and Medicine (the Report) recommends stripping research participants of crucial data privacy rights and discarding decades of carefully deliberated consensus guidelines for the ethical return of results and data from research. This Article traces these disturbing recommendations to three root […]

The Role of GPS and Cell Phone Tracking of Employees in Big Data Law

Written by: Joanna P. Kimbell

Abstract In GPS and Cell Phone Tracking of Employees, Professor Marc McAllister makes a case for limiting the use of cell phone tracking of employees to either noninvestigatory, work-related purposes or misconduct investigations wherein the use of tracking is used only as a means to corroborate evidence that the tracked employee has committed a terminable […]

From Blockbuster to Big Brother: How an Increase in Mobile Phone Apps Has Led to a Decrease in Privacy Under the Video Privacy Protection Act

Carlee Rizzolo

Abstract Congress enacted the Video Privacy Protection Act (VPPA or the Act) in 1988 to protect consumers by prohibiting video tape service providers from knowingly disclosing their personally identifiable information to any person, without first obtaining consent. The VPPA defines “consumer” as any renter, purchaser, or subscriber. However, the Act does not define the term […]

Towards a Global Data Privacy Standard

Michael L. Rustad & Thomas H. Koenig

Abstract This Article questions the widespread contention that recent updates to European Union (EU) data protection law will drive a disruptive wedge between EU and United States (U.S.) data privacy regimes. Europe’s General Data Protection Regulation (GDPR), which took effect in May 2018, gives all EU citizens easier access to their data, a right to […]