Two significant developments at the beginning of the twenty first century have raised far reaching questions about individual privacy rights and the use of personal information generally. First, the rise of electronic commerce, and now mobile commerce, combined with contemporary business practices have resulted in new and unexpected ways in which personal information is used (and potentially abused) as it is analyzed and fed into vast electronic databases. Second, with the rise of government efforts to combat terrorism and crime at home and abroad, technology is being used to gather and analyze personal information in ways that could not have been envisioned only a few years ago. In considering these developments, the role of law becomes increasingly important.
This course will endeavor to consider these developments by first examining the origins of privacy rights in modern society and then moving quickly to consider the role of the courts, legislatures and regulators. There will also be an emphasis on how rapidly evolving technology is affecting the privacy debate and an examination of international developments.
1. The Origins of Privacy Rights.
a. Perspectives on privacy: Warren & Brandies; origins and types b. U.S. Constitution, statutes, treatises and case law. c. Predecessor concepts in the law and philosophy.
2. Cultural Drivers of Privacy Rights in the U.S. and Internationally.
a. Philosophy and discourse. b. Cultural norms in a free society. c. International perspectives. d. Critics of privacy.
3. Privacy and Government.
a. Rise of database society. b. Data collection and surveillance. c. Government access to personal information. d. Public access to government records.
4. Privacy and Technology.
a. Commercial use i. Mobile, web, electronic media ii. Privacy policies
b. Privacy and law enforcement. i. Fourth amendment. ii. Electronic surveillance. iii. Searches and seizures.
c. National security.
5. U.S. Sectoral Approach to Privacy.
a. Protection of personal financial information.
b. Protection of medical records.
c. Protection of minors & other protected classes.
d. Privacy in the home and workplace.
6. Privacy Laws Outside of the U.S.:
a. E.U. Data Directives (Case Study). b. India c. China
7. Governmental responses to security breaches and identity theft:
a. Local attempts: state data security and breach laws b. Federal attempts: disclosure regimes and regulatory requirements c. International solutions. d. Regulatory actions – FTC.
8. Conundrums of Globalization.
a. Cross-border data transfer restrictions. b. Facebook privacy policies. c. The future of marketing.
is limited: 20
<<Course Updated: November 04, 2012>>