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A Closer Look at Genetic Data Privacy and Nondiscrimination in 2020
[…] less than three cases were brought each year by the Equal Opportunity Employment Coalition (EEOC), the federal agency that enforces Title II of GINA, and a shrinking number of charges citing GINA violations were filed with the EEOC (333 charges filed in 2013 versus 209 cases filed in 2019). However, GINA has not eliminated […]

Close to the Finish Line: Observations on the Washington Privacy Act
[…] the potential fines could be remarkably high — at $7500 per violation (the same as under the CCPA for intentional breaches of the law), multiplied by the number of consumers affected by a violation (easily scalable to large numbers when device data or large platforms are involved), a fine under the WPA could easily […]

EDPB Draft Guidelines on Connected Cars Focus on Data Protection by Design and Push for Consent
[…] and tear, it concerns the driver or passenger of the vehicle. This is because when this data is cross-referenced with other data, such as the vehicle identification number (VIN), it can be linked to an individual. Similarly, vehicle metadata, such as vehicle maintenance status, may also be personal data. Data collected by cameras and […]

Award-Winning Paper: "The Many Revolutions of Carpenter"
[…] important Fourth Amendment opinion in decades. The opinion requires the police to obtain a warrant to access an individual’s historical whereabouts from the records of a cell phone provider. Ohm states that Carpenter represents a new approach to the “reasonable expectation of privacy” test: “Until now, the Supreme Court has tended to pay more […]

It’s Raining Privacy Bills: An Overview of the Washington State Privacy Act and other Introduced Bills
[…] with the specified or express purposes for which the data was initially gathered. The obligations imposed by the Act would not restrict processing personal data for a number of specified purposes. Those exemptions include cooperating with law enforcement agencies, performing contracts, providing requested products or services to consumers, processing personal data for research, consumer […]

Award-Winning Paper: "Privacy's Constitutional Moment and the Limits of Data Protection"
[…] and Richards argue that a framework for privacy legislation should address market power and corporate structures. For example, they write: “Privacy law should be concerned with a number of corporate matters, including limiting how the corporate form is used to shield bad actors from personal liability.” By empowering privacy officers within the corporate structure […]

Privacy Papers 2019
[…] United States, the 2018 Supreme Court opinion that requires the police to obtain a warrant to access an individual’s historical whereabouts from the records of a cell phone provider, is the most important Fourth Amendment opinion in decades. Although many have acknowledged some of the ways the opinion has changed the doctrine of Constitutional […]

Closer than Apart: Comparing Senate Commerce Committee Bills
[…] and in the text of Sec. 105 for Wicker). The definition of “sensitive data” in the Cantwell bill is significantly broader, containing “browsing history,” “email,” and “ phone number” (these are not included in Wicker). Commercial IRBs for Ethical Research – Among similar lists of enumerated exceptions to individual rights (for e.g. product recalls, […]

Starting Point for Negotiation: An Analysis of Senate Democratic Leadership’s Landmark Comprehensive Privacy Bill
[…] other things): biometric data, information that reveals past, present, or future physical or mental health, disability, or diagnosis of an individual, precise geolocation, details of private communications, phone or text logs, race or ethnicity, union membership, sexual orientation or sexual behavior, and intimate images (a notable inclusion that may intersect with Section 230 and […]

What They’re Saying: Stakeholders Warn Senate Surveillance Bill Could Harm Students, Communities
[…] foster rather than prevent a violent school environment … By making the criminal process the frontline for student discipline, this bill will only serve to increase the number of students of color and students with disabilities in the juvenile justice system. – Coalition for Smart Safety; Letter to Senator John Cornyn Leslie Boggs, national PTA […]