Preserving Identities: Protecting Personal Identifying Information through Enhanced Privacy Policies and Laws

50 Pages Posted: 10 Jun 2009 Last revised: 16 Jun 2009

See all articles by Robert Sprague

Robert Sprague

University of Wyoming - College of Business

Corey Ciocchetti

University of Denver - Daniels College of Business - Department of Business Ethics & Legal Studies

Date Written: June 10, 2009

Abstract

This article explores the developing phenomenon of the ongoing collection and dissemination of personal identifying information (PII): first, explaining the nature and form of PII, including the consequences of its collection; second, exploring one of the greatest threats associated with data collection - unauthorized disclosure due to data breaches, including an overview of state and federal legislative reactions to the threats of data breaches and identity theft; third, discussing common law and constitutional privacy protections regarding the collection of personal information, revealing that United States privacy laws provide very little protection to individuals; and fourth, examining current practices by online commercial enterprises regarding privacy policy disclosure and conduct. This section reveals that there is almost no legal regulation of online privacy policies. This paper concludes that new, stronger laws are required to protect individuals regarding the collection and dissemination of their PII. A model law is therefore proposed to address those areas where PII protection is lacking.

Keywords: online privacy, privacy policies, e-commerce law

Suggested Citation

Sprague, Robert and Ciocchetti, Corey, Preserving Identities: Protecting Personal Identifying Information through Enhanced Privacy Policies and Laws (June 10, 2009). Albany Law Journal of Science and Technology, Vol. 19, No. 1, 2009, Available at SSRN: https://ssrn.com/abstract=1417135

Robert Sprague

University of Wyoming - College of Business ( email )

1000 E. University Avenue
Dept. 3275
Laramie, WY 82071
United States

HOME PAGE: http://www.uwyo.edu/mgtmkt/faculty-staff/faculty-pages/sprague.html

Corey Ciocchetti (Contact Author)

University of Denver - Daniels College of Business - Department of Business Ethics & Legal Studies ( email )

2101 S. University Blvd
Denver, CO 80208-8921
United States

HOME PAGE: http://www.coreyspeaks.com

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