Data Protection
29 Articles
As Congress Debates Social Media Harms, Here’s How to Make Online Consent Meaningful
"Reform the law so that companies must provide more meaningful information in their privacy notices and terms of service."
What the Afghanistan Withdrawal Teaches Us About Safeguarding Human Rights Evidence
As the Taliban seized control, evidence of human rights abuses had to be destroyed, hidden, or risk capture. It didn't have to be this way.
KBR v. SFO: the United Kingdom’s Microsoft Ireland?
U.K. law enforcement agencies lack power to compel foreign companies to hand over overseas data. What does the decision mean for data sharing?
Data and Democracy: Three Things the Biden-Harris Administration Should Do to Tackle Big Tech
The monetization of personal data poses a direct threat to civil rights and democracy. The good news: the Biden-Harris administration has an opportunity to check this destructive…
Don’t Blame Privacy for Big Tech’s Monopoly on Information
As the prospect of antitrust charges against Facebook by the Federal Trade Commission (FTC) looms larger, regulators should challenge the concentration of data within Big Tech…
What Comes Next: The Aftermath of European Court’s Blow to Transatlantic Data Transfers
On Thursday, the European Court of Justice (CJEU) dealt a blow to the free flow of data across borders in the name of protecting privacy -- with global implications.
The UK-US CLOUD Act Agreement Is Finally Here, Containing New Safeguards
Editor’s note: This piece is cross-posted at Lawfare. On Oct. 7, the United Kingdom and the United States released the text of the long-awaited data-sharing agreement—the…
How Data Privacy Laws Can Fight Fake News
Governments from Russia to Iran have exploited social media’s connectivity, openness, and polarization to influence elections, sow discord, and drown out dissent. While responses…
The Supreme Court Should Heed Friendly Advice on Microsoft Ireland
President Trump meets with Apple CEO Tim Cook, Microsoft CEO Satya Nadella, and Amazon CEO Jeff Bezos in the State Dining Room of the White House June 19, 2017 in Washington, DC.…
The Growing Divide Between European Governments and Regional Courts on Surveillance
Last week, as he delivered his first report to the UN Human Rights Council, the UN Special Rapporteur on the right to privacy made headlines with his sharp criticism of the United…
The Way Forward for Surveillance Reform Can Balance Human Rights and Government Needs
The fall of 2015 was marked by two key developments in the debate about laws on communications surveillance and the right to privacy. First, on October 6, the EU Court of Justice…
Safe Harbor and Reforming Section 702
Having only belatedly caught up on the European Court of Justice’s Safe Harbor decision, I wanted to weigh in on the excellent discussion between Tim Edgar and Peter Margulies…