As businesses and other entities have sought to collect more personal data on individuals, the public has pushed back, and lawmakers throughout the United States and elsewhere have responded by passing data protection laws. Recent data protection laws passed by the European Union and by several...

This is a draft report from the ACCAN funded-project, “Regulating to Protect Security & Privacy in the Internet of Things (IoT)”. This report is intended for the purpose of consultation. The report analyses legal issues relating to data security, consumer protection and privacy of consumer...

Over fifty years ago, Charles Reich posited that we should extend property protections to what he would call “government largess”: that array of interests—from licenses to welfare benefits—that often form the bases for one’s economic existence in the modern world. Reich considered such...

Trust is a key requirement for all electronic information and transactions, and information security is the means used establish a level of trust appropriate to the situation. Through the implementation of appropriate information security measures, businesses seek to ensure a reasonable level of...

Where data centres located in the European Economic Area ('EEA') are utilised for cloud computing services, the customers, and in some circumstances even cloud service providers, could become subject to the EU Data Protection Directive on the basis that the data centre may be an...

The EU General Data Protection Regulation (GDPR) of 2018 introduced stringent transparency rules compelling firms to disclose, in accessible language, details of their data collection, processing, and use. The specifics of the disclosure requirement are objective, and its compliance is easily...

Comments of Adam D. Thierer (Mercatus Center at George Mason University) to the Federal Trade Commission in its proceeding on “the consumer privacy and security issues" associated with the “Internet of Things.” The filing argues that the Internet of Things -- like the Internet itself --...

Against a backdrop of annual data breaches compromising approximately one billion global records and an average data breach cost of nearly six billion dollars, the absence of clear US federal strategy for data breach notification and security requirements threatens both consumer privacy and...

This paper considers why awards of gain-based relief for breach of privacy are uncommon. There are three reasons for this. First, there are arguably two possible measures of gain-based relief: the reasonable fee and the account of profits. In relation to the latter, the account of profits is a...

In 1890, when Louis Brandeis and Samuel Warren wrote their seminal work on The Right to Privacy, Japan did not have a word for the concept. Scholars settled on puraibashii a transliteration as opposed to translation, of the word privacy. Today, privacy is closely guarded in Japan; the European...