Privacy

We live in an age where personal data is collected, used, and shared. Businesses, individuals, and governments are surveilling and monetizing the details of our lives. For good reason, information privacy is regularly in the headlines. Facial recognition software, the Metaverse, the exploitation of period-tracking apps and location data in the wake of Dobbs, nonconsensual intimate imagery, doxing, Russian spear phishing attacks during the 2016 Presidential campaign, daily hacks of businesses and government agencies, social media algorithms that use our personal data to tailor posts on which we will reliably click, like, and share, location tracking, police body cameras, deep-fake technology, and NSA surveillance. You get the point. As concerns about information privacy and security have escalated, lawmakers and law enforcers have responded. Law is adapting—in fits and starts. A rapidly growing area of professional specialization in data privacy and security has emerged for attorneys and other professionals. This course is an introduction to data privacy law. By the end, you will be well armed to tackle data privacy problems facing individuals, businesses, and government agencies. We will be studying constitutional, statutory, and common law rules as well as federal and state enforcement activity. We will discuss the questions to ask when assessing information practices and nonlegal models of information governance. You also will gain a basic understanding of data privacy regulation in the European Union and the UK. There are significant professional payoffs in becoming well versed in data privacy law. Major law firms have organized entire practice areas devoted to data protection law. In the aftermath of the adoption of the EU and UK’s General Data Protection Regulation, every company with global data flows must have a Chief Privacy Officer. (Also, California state AG enforcement actions have also suggested the same.) The International Association of Privacy Professionals (IAPP), a key trade association, has 50,000 members worldwide.