ALI Data Privacy: Overview and Black Letter Text

48 Pages Posted: 2 Oct 2019 Last revised: 10 Nov 2019

See all articles by Daniel J. Solove

Daniel J. Solove

George Washington University Law School

Paul M. Schwartz

University of California, Berkeley - School of Law

Date Written: September 20, 2019

Abstract

In this Essay, the Reporters for the American Law Institute Principles of Law, Data Privacy provide an overview of the project as well as the text of its black letter. The Principles aim to provide a blueprint for policymakers to regulate privacy comprehensively and effectively.

The United States has long remained an outlier in privacy law. While numerous nations have enacted comprehensive privacy laws, the U.S. has clung stubbornly to a fragmented, inconsistent patchwork of laws. Moreover, there long has been a vast divide between the approaches of the U.S. and European Union (EU) to regulating privacy – a divide that many consider to be unbridgeable.

The Principles propose comprehensive privacy principles for legislation that are consistent with certain key foundations in the U.S. approach to privacy, yet that also align the U.S. with the EU. Additionally, the Principles attempt to breathe new life into the moribund and oft-criticized U.S. notice-and-choice approach, which has remained firmly rooted in U.S. law. Drawing from a vast array of privacy laws and frameworks, and with a balance of innovation, practicality, and compromise, the Principles aim to guide policymakers in advancing U.S. privacy law.

Keywords: privacy, ALI, security, legislation

Suggested Citation

Solove, Daniel J. and Schwartz, Paul M., ALI Data Privacy: Overview and Black Letter Text (September 20, 2019). GWU Law School Public Law Research Paper No. 2019-67; GWU Legal Studies Research Paper No. 2019-67. Available at SSRN: https://ssrn.com/abstract=3457563 or http://dx.doi.org/10.2139/ssrn.3457563

Daniel J. Solove (Contact Author)

George Washington University Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-9514 (Phone)

HOME PAGE: http://danielsolove.com

Paul M. Schwartz

University of California, Berkeley - School of Law ( email )

Boalt Hall #7200
Berkeley, CA 94720-7200
United States

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