71 Pages Posted: 17 Feb 2016 Last revised: 1 Mar 2017
Date Written: February 16, 2016
Accounts of privacy law have focused on legislation, federal agencies, and the self-regulation of privacy professionals. Crucial agents of regulatory change, however, have been ignored: the state attorneys general. This article is the first in-depth study of the privacy norm entrepreneurship of state attorneys general. Because so little has been written about this phenomenon, I engaged with primary sources — first interviewing state attorneys general and current and former career staff, and then examining documentary evidence received through FOIA requests submitted to AG offices around the country.
Keywords: privacy, bankruptcy, transparency, data breach, consumer protection, financial privacy, data security, UDAP
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By Jack Balkin