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Information Privacy Law: [Connected eBook]
1272
by Daniel J. Solove, Paul M. Schwartz
Daniel J. Solove
Information Privacy Law: [Connected eBook]
1272
by Daniel J. Solove, Paul M. Schwartz
Daniel J. Solove
Hardcover(Seventh Edition)
$335.00
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Overview
Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.
The Seventh Edition of Information Privacy Law has been revised to include the California Consumer Privacy Act, the GDPR, Carpenter, state biometric data laws, and many other new developments. A clear, comprehensive, and cutting-edge introduction to the field of information privacy law, Information Privacy Law contains the latest cases and materials exploring issues of emerging technology and information privacy, and the extensive background information and authorial guidance provide clear and concise introductions to various areas of law.
New to the Seventh Edition:
- Additional Coverage or updates to:
- California Consumer Privacy Act
- Carpenter v. United States
- General Data Protection Regulation
- State biometric data laws
- New FTC enforcement actions, including Facebook
Professors and students will benefit from:
- Extensive coverage of FTC privacy enforcement, HIPAA and HHS enforcement, standing in privacy lawsuits, among other topics.
- Chapters devoted exclusively to data security, national security, employment privacy, and education privacy.
- Sections on government surveillance and freedom to explore ideas.
- Extensive coverage of the NSA and the Snowden revelations and the ensuing regulation.
- Engaging approach to complicated laws and regulations such as HIPAA, FCRA, ECPA, GDPR, and CCPA.
Product Details
ISBN-13: | 9781543813722 |
---|---|
Publisher: | Wolters Kluwer Law & Business |
Publication date: | 11/18/2020 |
Series: | Aspen Casebook Series |
Edition description: | Seventh Edition |
Pages: | 1272 |
Product dimensions: | 7.38(w) x 10.00(h) x (d) |
Table of Contents
Preface | xxv | |
Acknowledgments | xxix | |
1 | Introduction | 1 |
A | Information Privacy, Technology, and the Law | 1 |
Sidis v. F-R Publishing Corp. | 2 | |
B | Information Privacy Law: Origins and Types | 9 |
1 | Common Law | 9 |
2 | Constitutional Law | 33 |
3 | Statutory Law | 35 |
4 | International Law | 38 |
C | Philosophical Perspectives | 39 |
1 | The Philosophical Discourse About Privacy | 39 |
2 | The Definition and the Value of Privacy | 40 |
3 | Critics of Privacy | 59 |
4 | The Feminist Perspective on Privacy | 67 |
2 | Privacy and the Media | 75 |
A | Information Gathering | 76 |
1 | Intrusion upon Seclusion | 76 |
2 | Paparazzi | 94 |
3 | Video Voyeurism | 100 |
B | Disclosure of Truthful Information | 102 |
1 | Public Disclosure of Private Facts | 103 |
2 | Disclosure of Illegally Obtained Information | 152 |
C | Dissemination of False or Misleading Information | 159 |
1 | Defamation | 159 |
2 | False Light | 181 |
3 | Infliction of Emotional Distress | 185 |
D | Appropriation of Name or Likeness | 188 |
1 | Introduction | 188 |
2 | Name or Likeness | 191 |
3 | Connection to Matters of Public Interest | 197 |
4 | First Amendment Limitations | 203 |
3 | Privacy and Law Enforcement | 207 |
A | The Fourth Amendment and Emerging Technology | 207 |
1 | Introduction | 207 |
2 | Wiretapping, Bugging, and Beyond | 214 |
3 | The Reasonable Expectation of Privacy Test and Emerging Technology | 232 |
B | Federal Electronic Surveilliance Law | 263 |
1 | Section 605 of the Federal Communications Act of 1934 | 263 |
2 | Title III of the Omnibus Crime Control Act of 1968 | 264 |
3 | The Electronic Communications Privacy Act (ECPA) of 1986 | 265 |
4 | The Communications Assistance for Law Enforcement Act | 285 |
5 | The Foreign Intelligence Surveillance Act | 288 |
6 | The USA PATRIOT Act | 294 |
C | Intelligence, Terrorism, and National Security | 300 |
1 | Is National Security Different? | 300 |
2 | FISA and the "Wall" | 303 |
3 | The Attorney General's FBI Guidelines | 314 |
4 | The Homeland Security Act | 317 |
5 | The Intelligence Reform and Terrorism Prevention Act | 317 |
D | Encryption | 320 |
E | Government Computer Searches | 323 |
1 | The Scope of Warrants to Search Computers | 323 |
2 | ISP Records | 326 |
3 | Carnivore | 338 |
4 | Key Logging Devices | 339 |
4 | Health and Genetic Privacy | 345 |
A | Medical Data and Privacy in the Information Age | 346 |
Privacy and the Economics of Health Care Information | 346 | |
Health Information Privacy | 347 | |
"Nobody Knows the MIB" | 348 | |
B | Confidentiality of Medical Information | 350 |
1 | Professional Ethics and Evidentiary Privileges | 350 |
2 | Tort Liability for Disclosure of Patient Information | 356 |
3 | Tort Liability for Failure to Disclose Patient Information | 363 |
4 | Statutory Reporting Requirements | 375 |
5 | State Law Privacy Protections for Medical Information | 377 |
6 | Health Insurance Portability and Accountability Act | 379 |
C | Constitutional Protection of Medical Information | 394 |
1 | The Constitutional Right to Information Privacy | 394 |
2 | The Fourth Amendment | 415 |
D | Genetic Information | 421 |
1 | Background: Genetic Privacy | 421 |
2 | Property Rights in Body Parts and DNA | 422 |
3 | Genetic Testing and Discrimination | 436 |
4 | DNA Databases and Identification | 441 |
5 | Privacy of Associations, Anonymity, and Identification | 451 |
A | Privacy of Group Associations | 453 |
1 | Compelled Disclosure of Group Membership Lists | 453 |
2 | Interrogation About Group Associations | 456 |
3 | Surveillance of Group Activities | 461 |
B | Anonymity | 470 |
1 | Anonymous Speech | 470 |
2 | Anonymity in Cyberspace | 480 |
3 | Anonymous Reading and Receiving of Ideas | 490 |
4 | Anonymity and Copyright | 498 |
C | Identification | 504 |
1 | Identification Devices and Techniques | 504 |
2 | Identification and the Constitution | 506 |
3 | Social Security Numbers | 513 |
4 | National Identification Systems | 519 |
6 | Privacy and Government Records and Databases | 523 |
A | Public Access to Government Records | 524 |
1 | Public Records and Court Records | 524 |
2 | The Freedom of Information Act | 526 |
3 | Constitutional Requirements of Public Access | 542 |
4 | Constitutional Limitations on Public Access | 550 |
B | Government Records of Personal Information | 577 |
1 | Fair Information Practices | 577 |
2 | The Privacy Act | 579 |
3 | The Use of Government Databases | 599 |
4 | The Driver's Privacy Protection Act | 618 |
7 | Privacy, Business Records, and Financial Information | 623 |
A | The Collection and Use of Personal Data | 623 |
1 | Data Collection Techniques and Devices | 624 |
2 | The Database Industry | 629 |
3 | Perspectives on the Collection and Use of Personal Data | 631 |
B | Regulating Business Records and Databases | 636 |
1 | Self-Regulation | 636 |
2 | Property and Contract Law | 637 |
3 | Technological Solutions | 642 |
4 | Tort Law | 643 |
5 | Statutory Protections | 649 |
6 | First Amendment Limitations on Privacy Regulation | 673 |
C | Spam | 693 |
1 | State Anti-Spam Laws | 693 |
2 | The Federal CAN-SPAM Act | 693 |
3 | Spam and Speech | 695 |
D | Identity Theft | 696 |
1 | The Identity Theft Assumption and Deterrence Act | 696 |
2 | State Statutory Approaches | 697 |
3 | Perspectives on Identity Theft Legislation | 698 |
4 | Database Companies, Security Breaches, and Identity Theft | 699 |
E | Financial Information | 700 |
Financial Privacy and the Theory of High-Tech Government Surveillance | 700 | |
1 | The Credit System | 702 |
2 | The Use and Disclosure of Financial Information | 711 |
F | Government Access to Financial and Business Records | 718 |
1 | Information Gathering Without Search Warrants | 718 |
2 | Information Gathering with Search Warrants | 735 |
G | Privacy Policies: Private vs. Public Enforcement | 739 |
1 | Privacy Policies | 739 |
2 | Private Enforcement: Contract Remedies | 746 |
3 | Public Enforcement: The FTC | 750 |
8 | Privacy and Place | 765 |
A | Privacy at Home | 765 |
Stanley v. Georgia | 766 | |
Osborne v. Ohio | 768 | |
Wilson v. Layne | 772 | |
B | Privacy at School | 778 |
1 | School Searches and Surveillance | 778 |
2 | Drug Testing | 784 |
3 | School Records | 794 |
C | Privacy at Work | 798 |
1 | Introduction | 798 |
2 | Workplace Searches | 801 |
3 | Workplace Surveillance | 809 |
4 | Drug Testing | 813 |
5 | The Issue of Consent | 824 |
6 | Testing, Questionnaires, and Polygraphs | 830 |
7 | Employer Monitoring of the Telephone | 845 |
8 | Employer Monitoring of Mail, E-mail, and Internet Use | 852 |
9 | International Privacy Law | 869 |
A | The Oecd Privacy Guidelines | 871 |
B | The Protection of Privacy in Europe | 873 |
1 | Convergence or Divergence? | 873 |
2 | European Convention of Human Rights (ECHR) Article 8 | 878 |
3 | The European Union Data Protection Directive | 900 |
C | Privacy Protection in Other Countries | 922 |
1 | Canada | 922 |
2 | Australia | 928 |
3 | Japan | 928 |
4 | Argentina | 929 |
D | International Transfers of Data | 929 |
1 | International Data Transfers in Litigation | 930 |
2 | Adequate Level of Protection Under the EU Directive | 933 |
3 | The Safe Harbor Arrangement | 936 |
4 | Passenger Name Record Data Transfers | 957 |
5 | Outsourcing Information Processing to Other Countries | 964 |
Table of Cases | 969 | |
Table of Authorities | 979 | |
Index | 1001 |
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