HIPAA Journal reports: New research indicates virtually all U.S. hospitals have been using tracking software on their websites that captures visitor data, including health information, and transfers that information to third parties. The study – published this month in Health Affairs – was conducted by researchers at the University of Pennsylvania. They used the 2019 American Hospital…
Article: Murky Consent: An Approach to the Fictions of Consent in Privacy Law
On SSRN, this article by Daniel J. Solove: Abstract Consent plays a profound role in nearly all privacy laws. As Professor Heidi Hurd aptly said, consent works “moral magic” – it transforms things that would be illegal and immoral into lawful and legitimate activities. Regarding privacy, consent authorizes and legitimizes a wide range of data…
Article: Data Is What Data Does: Regulating Use, Harm, and Risk Instead of Sensitive Data
Daniel J. Solove has posted a draft of a new article and welcomes feedback, Abstract: Heightened protection for sensitive data is becoming quite trendy in privacy laws around the world. Originating in European Union (EU) data protection law and included in the EU’s General Data Protection Regulation (GDPR), sensitive data singles out certain categories of…
Article: Privately Policing Dark Patterns
On SSRN, this article by Gregory M. Dickinson: Abstract Lawmakers around the country are crafting new laws to target “dark patterns”—user interface designs that trick or coerce users into enabling cell phone location tracking, sharing browsing data, initiating automatic billing, or making whatever other choices their designers prefer. Dark patterns pose a serious problem. In…