Ignacio Cofone’s The Privacy Fallacy is an important contribution to a rapidly growing literature on data protection. He critiques over-reliance on contract law in the governance of data, and the need for tort principles to compensate for (and deter) privacy harms. He articulates a complex theory of privacy liability that is capacious enough to address a wide range of harms arising out of data breaches, misuses of sensitive information, and other wrongs. This post is largely an appreciation of the book, with a few closing thoughts on two areas of future work it invites: better valuation of privacy harms, and more robust structures of data governance … (more)
[Frank Pasquale, Balkinization, 4 December 2024]
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