New Edition of Privacy Law Fundamentals

Daniel Solove
Founder of TeachPrivacy

Privacy Law Fundamentals

I’m pleased to announce that a new 4th edition of my short guide, PRIVACY LAW FUNDAMENTALS  (IAPP 2017)  (co-authored with Professor Paul Schwartz) is now out in print.  This edition incorporates extensive developments in privacy law and includes an introductory chapter summarizing key new laws, cases and enforcement actions.

Privacy Law Fundamentals is designed with an accessible, portable format to deliver vital information in a concise (318 pages) and digestible manner. It includes key provisions of privacy statutes; leading cases; tables summarizing the statutes (private rights of action, preemption, liquidated damages, etc.); summaries of key state privacy laws; and an overview of FTC, FCC, and HHS enforcement actions.

“This is the essential primer for all privacy practitioners.” — David A. Hoffman, Intel Corp.

“In our fast-paced practice, there’s nothing better than a compact and accessible work that is curated by two of the great thinkers of the field.  It is a gem.” — Kurt Wimmer, Covington & Burling LLP

“Two giants of privacy scholarship succeed in distilling their legal expertise into an essential guide for a broad range of the privacy community.” — Jules Polonetsky, Future of Privacy Forum

“This book is my go-to reference for when I need quick, accurate information on privacy laws across sectors and jurisdictions.” — Nuala O’Connor, Center for Democracy and Technology

You can get a copy at IAPP’s bookstore or at Amazon.  For general information about this book as well as all my textbooks and useful resources, visit our Information Privacy Law textbook website.

The full table of contents is below:

CHAPTER 1: NEW DEVELOPMENTS

CHAPTER 2: AN OVERVIEW OF PRIVACY LAW

ESSENTIAL POINTS

TYPES OF PRIVACY LAW

Torts
Torts Most Commonly Involved In Privacy Cases
Origins of The Privacy Torts
Contract/Promissory Estoppel
Criminal Law
Evidentiary Privileges
Federal Constitutional Law
Ways the U.S. Constitution Protects Privacy
State Constitutional Law
States With Express Constitutional Privacy Protection
Federal Statutory Law
State Statutory Law
Areas of State Legislation on Privacy
International Law

THE CHIEF PRIVACY OFFICER

The Development of Privacy Law: A Timeline

FOR FURTHER REFERENCE

Treatises
General Sources

CHAPTER 3: PRIVACY AND THE MEDIA

ESSENTIAL POINTS

THE PRIVACY TORTS

Public Disclosure of Private Facts
Approaches to the Newsworthiness Test
Intrusion Upon Seclusion
What Constitutes A Privacy Interest?
Highly Offensive To A Reasonable Person
False Light
Appropriation of Name or Likeness

OTHER TORTS

Intentional Infliction of Emotional Distress
Breach of Confidentiality
Public Disclosure Tort vs. Breach Of Confidentiality Tort

OTHER PRIVACY LAWS OF NOTE

Video Voyeurism Prevention Act (VVPA), 18 U.S.C. § 1801 (2004)
State Video Voyeurism Statutes
Blackmail Laws
California Anti-Paparazzi Act, Cal Civ. Code § 1708.8
Revenge Porn Statutes

DEFAMATION LAW

Libel and Slander
First Amendment Restrictions
Actual Malice
Public vs. Private Figures
Defamation: Fault Standards
Communications Decency Act (CDA)

FIRST AMENDMENT 

THE FIRST AMENDMENT AND TORTS 

Public Disclosure of Private Facts
Intrusion Upon Seclusion
False Light
Appropriation of Name or Likeness
Intentional Infliction of Emotional Distress
Breach of Confidentiality
Defamation Torts
Anti-SLAPP 

ANONYMOUS SPEECH 

Standards for Unmasking Anonymous Speakers

PRIVACY OF READING AND INTELLECTUAL EXPLORATION 

Reporter’s Privilege 

FOR FURTHER REFERENCE

Treatises
Books
Articles and Other Sources

CHAPTER 4: PRIVACY AND LAW ENFORCEMENT

ESSENTIAL POINTS

FOURTH AMENDMENT

The Fourth Amendment to the U.S. Constitution
    How the Fourth Amendment Works
Key Fourth Amendment Doctrines
Fourth Amendment Reasonable Expectation Of Privacy
Exceptions to the Warrant and Probable Cause Requirements

ELECTRONIC COMMUNICATIONS

Electronic Communications Privacy Act of 1986 (ECPA)
Types of Communications in ECPA
Wiretap Act
Stored Communications Act (SCA)
Pen Register Act
Key Facts About ECPA
The Fourth Amendment vs. Electronic Surveillance Law
Communications Assistance for Law Enforcement Act of 1994 (CALEA)
Drones
Registration and Marking Requirements for Small Unmanned Aircraft

STATE ELECTRONIC SURVEILLANCE LAW

Recording Police Encounters
State Electronic Surveillance Law

GOVERNMENT ACCESS TO PERSONAL DATA

Fourth Amendment: Third-Party Doctrine
Bank Secrecy Act of 1970
Right to Financial Privacy Act of 1978 (RFPA)
Subpoenas
Federal Statutory Provisions for Government Access to Records

SEARCHES AND SEIZURES OF MEDIA DOCUMENTS

Privacy Protection Act of 1980 (PPA)

FOR FURTHER REFERENCE

Treatises
Books
Articles and Other Sources

CHAPTER 5: NATIONAL SECURITY AND FOREIGN INTELLIGENCE

ESSENTIAL POINTS

THE FOURTH AMENDMENT

FOREIGN INTELLIGENCE GATHERING

Foreign Intelligence Surveillance Act of 1978 (FISA)
USA Freedom Act of 2015

GOVERNMENT ACCESS TO PERSONAL DATA FOR NATIONAL SECURITY PURPOSES

National Security Letters (NSLs)
USA Patriot Act of 2001, § 215

STATE SECRETS

THE INTELLIGENCE COMMUNITY

Intelligence Agencies
Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA)

FOR FURTHER REFERENCE

Treatises
Books
Government Reports
Articles and Other Sources

CHAPTER 6: HEALTH PRIVACY

ESSENTIAL POINTS

PATIENT-PHYSICIAN CONFIDENTIALITY

Ethical Rules
Evidentiary Privileges
The Breach of Confidentiality Tort
Public Disclosure of Private Facts
Key Points: Common Law Torts and Medical Information
Tort Liability for Failing to Disclose Personal Data’

MEDICAL INFORMATION

State Regulation
Health Insurance Portability and Accountability Act of 1996 (HIPAA)
    De-Identifying Data Under HIPAA
    Court Cases
    HIPAA Myths and Facts
HIPAA Problems to Avoid
    OCR HIPAA Enforcement Actions
State Enforcement Actions
The Common Rule
Federal Drug and Alcohol Confidentiality Statute
Subpoenas for Medical Information

CONSTITUTIONAL PROTECTIONS

Constitutional Right to Privacy
Constitutional Right to Information Privacy
Fourth Amendment

GENETIC INFORMATION

Genetic Testing and Discrimination

FOR FURTHER REFERENCE

Treatises
Books
Articles and Other Sources

CHAPTER 7: GOVERNMENT RECORDS

ESSENTIAL POINTS

FAIR INFORMATION PRACTICES (FIPs)

COURT RECORDS

Common Law Right to Access Court Records
Protective Orders
Depositions and Interrogatories
Pseudonymous Litigation
Juror Privacy
The First Amendment Right to Access

PUBLIC RECORDS

Freedom of Information Act (FOIA)
State Public Records
State Freedom of Information Statutes
The Constitution and Personal Data in Public Records
When Does the Constitution Limit the Government from Disclosing Personal Information?
Critical Infrastructure Information Act of 2002 (CIIA)

PRIVACY RIGHTS IN GOVERNMENT RECORDS

The Privacy Act of 1974
Establishing a Violation of the Privacy Act
State Privacy Acts
State Statutes Regulating Government Website Privacy Policies
DNA Databases
Driver’s Privacy Protection Act of 1994 (DPPA)”
DPPA: Key Points
Identification Records and Requirements
Social Security Numbers

GOVERNMENT PRIVACY AND SECURITY MANAGEMENT

E-Government Act of 2002
Federal Information Security Management Act of 2002 (FISMA)
Office of Mgmt. & Budget

FOR FURTHER REFERENCE

Treatises
Books
Articles and Other Sources

CHAPTER 8: FINANCIAL DATA

ESSENTIAL POINTS

The Financial Services Industry
Fair Credit Reporting Act of 1970 (FCRA)
The Consumer Financial Protection Bureau
Credit Reporting Limits
FCRA: Keys to Compliance
FTC FCRA Enforcement Actions

THE USE AND DISCLOSURE OF FINANCIAL INFORMATION

Gramm-Leach-Bliley Act of 1999 (GLBA)
CFPB Enforcement Actions
Right to Financial Privacy Act of 1978 (RFPA)
Bank Secrecy Act of 1970 (BSA)
Torts and Financial Privacy
State Financial Statutes
California’s SB1 and FCRA Preemption

TAX PRIVACY

Internal Revenue Code

IDENTITY THEFT

Identity Theft Assumption and Deterrence Act of 1998
State Identity Theft Statutes

GOVERNMENT ACCESS TO FINANCIAL INFORMATION

FOR FURTHER REFERENCE

Treatises
Articles and Other Sources

CHAPTER 9: CONSUMER DATA

ESSENTIAL POINTS

PERSONALLY IDENTIFIABLE INFORMATION

Approaches to Defining PII
Injury and Standing
Standing

TORT LAW

CONTRACT AND PROMISSORY ESTOPPEL

Breach of Contract
Promissory Estoppel
Are Privacy Policies Contracts?
Liability for Third-Party Apps?

FTC ENFORCEMENT OF SECTION 5 OF THE FTC ACT

Statutes Granting Enforcement Authority to the FTC
Triggers for FTC Complaints
FTC Consent Decrees

CFPB ENFORCEMENT  

FEDERAL STATUTES: ENTERTAINMENT RECORDS

Cable Communications Policy Act of 1984 (CCPA)
Video Privacy Protection Act of 1988 (VPPA)
Video Privacy Protection Act Amendments Act of 2012

FEDERAL STATUTES: MARKETING

Telecommunications Act of 1996
Telephone Consumer Protection Act of 1991 (TCPA)
Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM)
FCC Enforcement
FCC, Privacy Guidelines for ISPs (2016)

FEDERAL STATUTES: INTERNET USE AND ELECTRONIC COMMUNICATIONS

Children’s Online Privacy Protection Act of 1998 (COPPA)
FTC COPPA Enforcement Actions
Complying with COPPA
How to Determine if a Website (or a Portion of It) Is Directed at Children
Electronic Communications Privacy Act of 1986 (ECPA)
Computer Fraud and Abuse Act (CFAA)
Is the CFAA Too Broad and Vague?

FEDERAL STATUTES: OVERVIEW

Scope of Federal Statute Coverage
Federal Statutes and Private Rights of Action
Federal Statutes and Liquidated Damages
Federal Statutes and Criminal Penalties
Federal Statutes: Enforcement
Federal Statutes and Preemption
Federal Statutes and Opt-In/Opt-Out

STATE STATUTES

Unfair and Deceptive Acts and Practices Acts (UDAP Acts)
Radio Frequency Identification (RFID)
State Statutes Regulating Private-Sector Use of RFID
“Eraser” or “Right to Be Forgotten” Laws
Marketing
Spyware
State Spyware Statutes
Video Privacy
Transparency

FIRST AMENDMENT

FOR FURTHER REFERENCE

Books
Articles and Other Sources

CHAPTER 10: DATA SECURITY

ESSENTIAL POINTS

DATA BREACH NOTIFICATION STATUTES

Rise of the State Statutes
State Data Security Breach Notification Statutes
State Data Security Breach Notification Laws Key
State Data Security Breach Notification Laws
PII Definitions In State Data Security Breach Notification Laws (Overview)
State Credit Freeze Statutes

FTC ENFORCEMENT UNDER SECTION 5 OF THE FTC ACT

CFPB ENFORCEMENT

FCC ENFORCEMENT  

TORT  

What Constitutes a Privacy Harm?

DATA DISPOSAL

State Data Disposal Statutes

FOR FURTHER REFERENCE

Treatises
Books
Articles and Other Sources

CHAPTER 11: EDUCATION PRIVACY

ESSENTIAL POINTS

STUDENT RECORDS

Family Educational Rights and Privacy Act of 1974 (FERPA)
Protection of Pupil Rights Amendment of 1978 (PPRA)
Every Student Succeeds Act (ESSA)
Individuals with Disabilities Education Act (IDEA)
National School Lunch Act (NSLA)
Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act)
Other Regulations
Gainful Employment Rule (2011)
Other Statutes

STATE LAWS

Student Data Collection, Use, and Disclosure
Social Media Account Access

STUDENT SPEECH AND EXPRESSION

State Anti-Bullying Laws

SEARCHES AND SURVEILLANCE

Fourth Amendment

SELF-REGULATORY MEASURES

Future of Privacy Forum, Student Data Privacy Pledge (2014)

FOR FURTHER REFERENCE

Treatises
Articles and Other Sources

CHAPTER 12: EMPLOYMENT PRIVACY

ESSENTIAL POINTS

SEARCHES

Government Employees: Fourth Amendment
Private Sector Employees: Fourth Amendment
Searches and Surveillance by Private-Sector Employers

QUESTIONING AND TESTING

Fourth Amendment
Constitutional Right to Information Privacy
Employee Polygraph Protection Act of 1988 (EPPA)
Americans with Disabilities Act of 1990 (ADA)
Occupational Safety and Health Act (OSHA)
Genetic Information Nondiscrimination Act of 2008 (GINA)
State Employment Testing and Inquiry Laws
State Criminal Background Check “Ban the Box” Laws

EMPLOYEE ACCESS TO THE COMPUTER NETWORK  

SURVEILLANCE AND MONITORING

Electronic Communications Privacy Act (ECPA)
What Every Employer Must Know to Comply with ECPA
Employment Privacy Law: Public VS. Private Sector

EMPLOYER SOCIAL MEDIA POLICIES AND PRACTICES

National Labor Relations Act (NLRA)
The NLRA and Social Media Policies
Employer Access to Employee Social Media Accounts

FOR FURTHER REFERENCE

Treatises
Articles and Other Sources

CHAPTER 13: INTERNATIONAL PRIVACY LAW

ESSENTIAL POINTS

Data Protection and Information Privacy: A Note on Terminology

WORLDWIDE PRIVACY RIGHTS AND GUIDELINES

Universal Declaration of Human Rights (1948)
OECD Privacy Guidelines (1980)
OECD Member Countries”The Influence of the OECD Guidelines
UN Guidelines for the Regulation of Computerized Personal Files (1990)

EUROPE

European Convention on Human Rights (ECHR)
Council of Europe Convention on Privacy
EU Data Protection Directive
A Leading German Case on Search Engines
The General Data Protection Regulation (GDPR)
The EU-US Privacy Shield Framework (2016)
Principles of the Privacy Shield
Other Safe Harbor Arrangements
Positive Adequacy Determinations by the EU Commission 2
Passenger Name Record (PNR) Agreements
Model Contractual Clauses
Binding Corporate Rules (BCRs)
Discovery from EU Member Nations in U.S. Litigation
Directive on Privacy and Electronic Communications (E-Privacy Directive)
EU Data Retention Directive
European Data Protection Supervisor (EDPS)

NORTH AMERICA

Canada
PIPEDA’s 10 Privacy Principles
Provincial Privacy Laws
Mexico

SOUTH AMERICA

Argentina
Habeas Data
Brazil

MIDDLE EAST

Dubai
Israel

ASIA

Japan
China
Hong Kong
Singapore
South Korea
India
Philippines

EUROPE, NON–EU COUNTRIES

Russia
Turkey

APEC

APEC Privacy Framework (2004)
APEC Privacy Framework’s Nine Principles
APEC Member Nations
APEC Cross Border Privacy Rules System
FTC Enforcement of the APEC Cross–Border Privacy Rules System

AUSTRALIA

Constitution
Australia’s 13 Privacy Principles (2014)

FOR FURTHER REFERENCE

Treatises and Books
Articles and Other Sources

 

The book is PRIVACY LAW FUNDAMENTALS  (IAPP 2017).

* * * *

This post was authored by Professor Daniel J. Solove, who through TeachPrivacy develops computer-based privacy training, data security training, HIPAA training, and many other forms of awareness training on privacy and security topics.  Professor Solove also posts at his blog at LinkedIn.  His blog has more than 1 million followers.

Privacy+Security ForumProfessor Solove is the organizer, along with Paul Schwartz of the Privacy + Security Forum (Oct. 4-7, 2017 in Washington, DC), an annual event that aims to bridge the silos between privacy and security. 

NEWSLETTER: Subscribe to Professor Solove’s free newsletter (2x per month).  

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