Latest CIPL Blog Posts
Charting the Landscape for Data Protection & Intermediary Publishers
By David Erdos, Factulty of Law, University of Cambridge
Posted on 3 December 2021
Any views expressed herein are not necessarily the views of CIPL nor Hunton Andrews Kurth LLP
At least in Europe, the basic data protection framework coalesced during the 1970s and very early 1980s. Even then, it was framework under serious socio-technological challenge. But since this time our experience of the gathering and spread of personal data through computerized networks has radically altered. One such change concerns the large-scale online spread of third-party personal data, which is promoted, organised, aggregated and rendered searchable by public dissemination services. These intermediary publishers include both generalist and specialised search engines, social networking sites and wide range of other online platforms. Huge conundrums present themselves as to whether and, if so, what data protection duties these services are subject to as a result of this personal information dissemination.
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The U.S. Urgently Needs a Comprehensive Privacy Law that Goes Beyond the Fair Information Practices
By Woodrow Hartzog, Professor of Law and Computer Science, Northeastern University | Neil Richards, Koch Distinguished Professor in Law, Washington University in St. Louis
Posted on 30 November 2021
Any views expressed herein are not necessarily the views of CIPL nor Hunton Andrews Kurth LLP
America’s privacy bill has come due. Since the dawn of the Internet, Congress has repeatedly failed to build a robust identity for American privacy law. But now both U.S. states like California and the European Union have forced Congress’s hand by passing legislation like the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR). These data protection frameworks, structured around principles for Fair Information Processing called the “FIPs,” have industry and privacy advocates alike for a “U.S. GDPR.” States seemed poised to blanket the country with FIP-based laws if Congress fails to act. The United States is thus in the midst of a “constitutional moment” for privacy, in which intense public deliberation and action may bring about constitutive and structural change. And the European data protection model of the GDPR is ascendant.
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By David Erdos, Factulty of Law, University of Cambridge
Posted on 3 December 2021
Any views expressed herein are not necessarily the views of CIPL nor Hunton Andrews Kurth LLP
At least in Europe, the basic data protection framework coalesced during the 1970s and very early 1980s. Even then, it was framework under serious socio-technological challenge. But since this time our experience of the gathering and spread of personal data through computerized networks has radically altered. One such change concerns the large-scale online spread of third-party personal data, which is promoted, organised, aggregated and rendered searchable by public dissemination services. These intermediary publishers include both generalist and specialised search engines, social networking sites and wide range of other online platforms. Huge conundrums present themselves as to whether and, if so, what data protection duties these services are subject to as a result of this personal information dissemination.
Continue Reading
The U.S. Urgently Needs a Comprehensive Privacy Law that Goes Beyond the Fair Information Practices
By Woodrow Hartzog, Professor of Law and Computer Science, Northeastern University | Neil Richards, Koch Distinguished Professor in Law, Washington University in St. Louis
Posted on 30 November 2021
Any views expressed herein are not necessarily the views of CIPL nor Hunton Andrews Kurth LLP
America’s privacy bill has come due. Since the dawn of the Internet, Congress has repeatedly failed to build a robust identity for American privacy law. But now both U.S. states like California and the European Union have forced Congress’s hand by passing legislation like the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR). These data protection frameworks, structured around principles for Fair Information Processing called the “FIPs,” have industry and privacy advocates alike for a “U.S. GDPR.” States seemed poised to blanket the country with FIP-based laws if Congress fails to act. The United States is thus in the midst of a “constitutional moment” for privacy, in which intense public deliberation and action may bring about constitutive and structural change. And the European data protection model of the GDPR is ascendant.
Continue Reading
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