ALI Data Privacy: Overview and Black Letter Text

49 Pages Posted: 2 Oct 2019 Last revised: 25 Feb 2022

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: February 23, 2022

Abstract

In this Article, 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 United States has clung stubbornly to a fragmented,
inconsistent patchwork of laws. Moreover, there long has been a vast divide between U.S. and
European Union (EU) approaches to regulating privacy—a divide that many consider to be
unbridgeable.

The Principles propose comprehensive privacy principles for legislation that are consistent with
key foundations in the U.S. approach to privacy but also better align the United States with the
EU. Additionally, the Principles 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, privacy regulation, model privacy law, U.S. privacy law

Suggested Citation

Solove, Daniel J. and Schwartz, Paul M., ALI Data Privacy: Overview and Black Letter Text (February 23, 2022). 68 UCLA Law Review 1252 (2022), 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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