I’m delighted to share the newly-published final version of my article: Murky Consent: An Approach to the Fictions of Consent in Privacy Law 104 B.U. L. Rev. 593 (2024) I’ve been pondering privacy consent for more than a decade, and I think I finally made a breakthrough with this article.  I welcome feedback and hope you enjoy the piece. Mini Abstract: In this Article I argue that most of the time, privacy consent is fictitious. Instead of futile efforts to try to turn privacy consent from fiction to fact, the better approach is to lean into the fictions. The law can’t stop privacy conse ..read more

Over at IAPP News, I wrote a short essay called A Regulatory Roadmap to AI and Privacy.  It summarizes my longer article, Artificial Intelligence and Privacy.  I created an infographic to capture the issues, but I couldn’t include it in the IAPP piece, so I’ll include it here (see above). For those of you who want the short 2,000 word version of my thoughts on AI and privacy, please check out my essay at IAPP. The long article is here. From the short essay: Although new AI laws can help, AI is making it glaringly clear that a privacy law rethink is long overdue. . . . Understand ..read more

In case you missed my recent webinar with Laura Riposo VanDruff and Jules Polonetsky, you can watch the replay here.   We discussed the strengths and weaknesses of the American Privacy Rights Act (APRA) and its likelihood of passing. * * * This post was authored by Professor Daniel J. Solove, who through TeachPrivacy develops computer-based privacy and data security training. NEWSLETTER: Subscribe to Professor Solove’s free newsletter Prof. Solove’s Privacy Training: 150+ Courses The post Webinar – Another Privacy Bill on Capitol Hill: The American Privacy Rights Act Blog appeare ..read more

I am pleased to share the final published version of my short essay with Yuki Matsumi. It was written for a symposium in Fordham Law Review. AI, Algorithms, and Awful Humans 92 Fordham L. Rev. 1923 (2024) Mini Abstract: This Essay critiques arguments that algorithmic decision-making is better than human decision-making. Two arguments are often advanced to justify the increasing use of algorithms in decisions. The “Awful Human Argument” asserts that human decision-making is often awful and that machines can decide better than humans. Another argument, the “Better Together Argument,” posit ..read more

HOT OFF THE PRESS!  Privacy Law Fundamentals, Seventh Edition Believe it or not, there have been some new developments in privacy law . . . If you’re interested in the digital edition, click here. * * * Professor Daniel J. Solove is a law professor at George Washington University Law School. Through his company, TeachPrivacy, he has created the largest library of computer-based privacy and data security training, with more than 150 courses.    Sign up for Professor Solove’s Newsletter about his writings, whiteboards, cartoons, trainings, events, and more.   The post New ..read more

Are you headed to the IAPP Global Privacy Summit (April 3-4, 2024)? If so, make sure to stop by and see me at my TeachPrivacy expo booth and say hello. * * * Professor Daniel J. Solove is a law professor at George Washington University Law School. Through his company, TeachPrivacy, he has created the largest library of computer-based privacy and data security training, with more than 150 courses.  New Edition: Privacy Law Fundamentals   HOT OFF THE PRESS!  Privacy Law Fundamentals, Seventh Edition Believe it or not, there have been some new developments in privacy law ..read more

In case you missed my recent webinar with Maneesha Mithal, you can watch the replay here.  We discussed recent FTC enforcement actions, algorithmic deletion, the FTC’s current rulemaking, enforcement of the health breach notification rule, the FTC’s role in regulating AI, and other issues. * * * This post was authored by Professor Daniel J. Solove, who through TeachPrivacy develops computer-based privacy and data security training. NEWSLETTER: Subscribe to Professor Solove’s free newsletter FTC Act Section 5 Training Course & Whiteboard      Artificial I ..read more

Professor Woodrow Hartzog and I are posting The Failure of Data Security Law as a free download on SSRN. This is a chapter is from our book, BREACHED! WHY DATA SECURITY LAW FAILS AND HOW TO IMPROVE IT.  In this book chapter, we survey the law and policy of data security and analyze its strengths and weaknesses. Broadly speaking, there are three types of data security laws: (1) breach notification laws; (2) security safeguards laws that require substantive measures to protect security; and (3) private litigation under various causes of action. We argue that despite some small successes, t ..read more

In this video, the European Data Protection Supervisor (EDPS) interviewed me as part of its 20 Talks Series to celebrate its 20th anniversary. From the EDPS description of this talk: “20 Talks is a series of insightful discussions with experts and influential personalities across diverse domains, looking into the profound implications of privacy and data protection within their specific spheres. In this episode, our guest is Daniel J. Solove, Professor of Intellectual Property and Technology Law, George Washington University Law School and President & CEO of TeachPrivacy.” You can also ..read more

In case you missed my recent webinar with Dominique Shelton-Leipzig (Mayer Brown), you can watch the replay here.  We had a great discussion about why privacy is an issue that the C-Suite and Board must address. Dominique is the author of a new book on this topic, Trust.: Responsible AI, Innovation, Privacy and Data Leadership. * * * Professor Daniel J. Solove is a law professor at George Washington University Law School. Through his company, TeachPrivacy, he has created the largest library of computer-based privacy and data security training, with more than 150 courses.  Prof. So ..read more