Daniel J. Solove - Information Privacy Law

INFORMATION
PRIVACY LAW

EDITORIAL ADVISORS

Rachel E. Barkow

Segal Family Professor of Regulatory Law and Policy

Faculty Director, Center of the Administration of Criminal Law

New York University School of Law

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law

University of California, Berkeley School of Law

Richard A. Epstein

Laurence A. Tisch Professor of Law

New York University School of Law

Peter and Kirsten Bedford Senior Fellow

The Hoover Institution

Senior Lecturer in Law

The University of Chicago

Ronald J. Gilson

Charles J. Meyers Professor of Law and Business

Stanford University

Marc and Eva Stern Professor of Law and Business

Columbia Law School

James E. Krier

Earl Warren DeLano Professor of Law Emeritus

The University of Michigan Law School

Tracy L. Meares

Walton Hale Hamilton Professor of Law

Directory, The Justice Collaboratory

Yale Law School

Richard K. Neumann, Jr.

Alexander Bickel Professor of Law

Maurice A. Deane School of Law at Hofstra University

Robert H. Sitkoff

John L. Gray Professor of Law

Harvard Law School

David Alan Sklansky

Stanley Morrison Professor of Law

Faculty Co-Director, Stanford Criminal Justice Center

Stanford Law School

ASPEN CASEBOOK SERIES

INFORMATION
PRIVACY LAW

Seventh Edition

Daniel J. Solove

John Marshall Harlan Research Professor of Law

George Washington University Law School

Paul M. Schwartz

Jefferson E. Peyser Professor of Law

U.C. Berkeley School of Law

Faculty Director, Berkeley Center for Law & Technology

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eISBN: 978-1-5438-2726-2

Library of Congress Cataloging-in-Publication Data

Names: Solove, Daniel J., 1972- author. | Schwartz, Paul M., 1959- author.

Title: Information privacy law / Daniel J. Solove, John Marshall Harlan Research Professor of Law, George Washington University Law School; Paul M. Schwartz, Jefferson E. Peyser Professor of Law, U.C. Berkeley School of Law, Faculty Director, Berkeley Center for Law & Technology.

Description: Seventh edition. | New York : Wolters Kluwer, [2021] | Series: Aspen casebook series | Includes bibliographical references and index. | Summary: "Cases, exposition, and materials for the law school course on information privacy law or information and technology"-- Provided by publisher.

Identifiers: LCCN 2020044521 | ISBN 9781543813722 (hardcover) | ISBN 9781543827262 (ebook)

Subjects: LCSH: Privacy, Right of--United States. | Data protection--Law and legislation--United States. | Confidential communications--United States. | Personality (Law)--United States. | LCGFT: Casebooks (Law)

Classification: LCC KF1262 .S66 2021 | DDC 342.7308/58--dc23

LC record available at https://lccn.loc.gov/2020044521

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SUMMARY OF CONTENTS

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PREFACE

The rapid growth of the Internet, coupled with new business practices and new efforts by government to deploy technology for law enforcement and the administration of programs, has raised far-reaching questions about the future of privacy.

The role of law is central to many of these debates. To what extent can the law safeguard the right of privacy in an era of rapidly evolving technology? What competing interests must be considered? What is the appropriate role of the courts and the legislatures? These questions are not new, but they have acquired greater urgency as the law is asked to evaluate an increasingly complex array of privacy matters.

For lawyers, these developments have raised both new challenges and new opportunities. In the private sector, attorneys now routinely advise business clients about the development of privacy policies, compliance with privacy statutes, and privacy regulations in new markets. Attorneys litigate on behalf of clients who believe that their privacy has been violated, while others defend against these allegations. State attorneys general have become leading champions of privacy rights. Policymakers in government evaluate new legislative proposals both to expand and to limit privacy claims. Legal advisors on trade policy, technology development, consumer protection, and national security all consider privacy issues in the course of their work.

Clearly, privacy has emerged as one of the critical legal subjects in the modern era. Since the first edition of this book was published in 2003, the field of information privacy has grown tremendously. Many new laws have been passed, countless cases have been decided, and a litany of fascinating new issues has arisen. Courses in information privacy law are being offered at law schools around the country, and many lawyers devote their practice to information privacy issues.

This text provides a cornerstone for the study of information privacy law. Our goal is to provide a comprehensive and accessible introduction for the student and an authoritative reference for the practitioner. We have organized the book around the general topics and themes of this area of law. Information privacy law is a complicated and vast body of different types of legal protections, and our organizational choices reflect our aim of producing a clear and coherent synthesis of the field. When selecting cases, we have included the leading cases as well as endeavored to provide a solid historical background and a timely and fresh perspective on the major privacy issues facing lawyers in the twenty-first century. Important majority opinions are followed by equally important dissents. The text includes extensive notes and commentary, and it integrates cases and statutes with policy and jurisprudential perspectives. To facilitate discussion and debate, we have included excerpts from commentators with a wide range of viewpoints. Technical terms are clearly explained.