‘No Harm, No Foul? Privacy Law and Judicial Remedies’

Danielle Keats Citron and Daniel J Solove, ‘Privacy Harms’, 102 Boston University Law Review (2022). In ‘Privacy Harms’, Danielle Citron and Daniel Solove identify a central tension in the regulation of privacy in the United States. On one hand, federal law relies on litigation to address systemic depravations of privacy that, in the aggregate, compromise democracy, autonomy, and safety. On the other hand, federal litigation focuses on whether a specific litigant has experienced a concrete and particularized injury. Without demonstrating that the complainant has faced cognizable harm, there is no room to air the ways that undeterred, cumulative violations rip at the ties that bind us as a society. The authors identify at least two ways that this judicial insistence on individualized injuries can facilitate systemic privacy harms … (more)

[Fred O Smith Jr, Jotwell, 11 February]

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