scholarly journals SYMPOSIUM: The California Consumer Privacy Act

2021 ◽  
Author(s):  
Justin Hughes ◽  
Margot E. Kaminski ◽  
Jacob Snow ◽  
Felix T. Wu
Keyword(s):  
Author(s):  
Tawei Wang ◽  
Yen-Yao Wang

This chapter provides an overview of several recently proposed or passed privacy-related regulations, including General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), Illinois Video Interview Act, Data Broker Regulations in Vermont, and Privacy Bill of Rights Act, and related but very limited studies. Toward the end, several research opportunities are discussed. These research opportunities include (1) economic consequences of these new regulations and (2) the new research framework to capture novel features of these regulations to explain security compliance. The authors further discuss possible research designs to address the proposed research opportunities. This chapter provides both professionals and researchers additional insights on the regulation of privacy issues.


Author(s):  
Homaile Mascarin do Vale ◽  

There is an increase in the number of medical malpractice cases all over the world and the detachment of the role of the judiciary and the real practice of medical activity is striking, converging to a weakness of the doctor in the face of a system that does not advocate the equalization of plaintiff and defendant in the process, bringing procedural difficulties to the doctor due to the legislation, especially the Brazilian. In a transdisciplinary way, permeating the law and medicine, the article mapped the operation of the Brazilian judiciary in the face of medical error and, specifically, measured how the state power understands cases about psychiatry, a specialty that is difficult to prove medical error. It was analyzed statistically how Brazilian courts behave, creating a procedural diagnosis of justice. This research offers a protection protocol to the psychiatrist inspired by the General Data Protection Law, which in turn comes from the European General Data Protection Regulation and the California Consumer Privacy Act of 2018 to address the procedural vulnerability of the doctor in medical error processes respecting patient privacy and intimacy, applicable and adaptable to countries and continents that have legislation for specific data protection. The article concludes by critically analyzing the format of processing and judgment of medical malpractice cases in Brazil, proposing a multidisciplinary configuration in search of real justice.


2020 ◽  
Vol 4 (2) ◽  
pp. 81-94
Author(s):  
Matúš Mesarčík

A new era of data protection laws arises after the adoption of the General Data Protection Regulation (GDPR) in the European Union. One of the newly adopted regulations of processing of personal data is Californian Consumer Privacy Act commonly referred to as CCPA. The article aims to fill the gap considering a deep analysis of the territorial scope of both acts and practical consequences of the application. The article starts with a brief overview of privacy regulation in the EU and USA. Introduction to GDPR and CCPA follows focusing on the territorial scope of respective legislation. Three scenarios of applicability are derived in the following part including practical examples.


2017 ◽  
Vol 45 (1) ◽  
pp. 65-95 ◽  
Author(s):  
Stephen Corones ◽  
Juliet Davis

This article considers the regulatory problems of online tracking behaviour, lack of consent to data collection, and the security of data collected with or without consent. Since the mid-1990s the United States Federal Trade Commission has been using its power under the United States consumer protection regime to regulate these problems. The Australian Competition and Consumer Commission (ACCC), on the other hand, has yet to bring civil or criminal proceedings for online privacy or data security breaches, which indicates a reluctance to employ the Australian Consumer Law (‘ACL’) in this field.1 Recent legislative action instead points to a greater application of the specifically targeted laws under the Privacy Act 1988 (Cth) (‘Privacy Act’), and the powers of the Office of the Australian Information Commissioner (OAIC), to protect consumer privacy and data security. This article contends that while specific legislation setting out, and publicly enforcing, businesses’ legal obligations with respect to online privacy and data protection is an appropriate regulatory response, the ACL's broad, general protections and public and/or private enforcement mechanisms also have a role to play in protecting consumer privacy and data security.


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