A New Compact for Sexual Privacy

70 Pages Posted: 26 Jun 2020

See all articles by Danielle Keats Citron

Danielle Keats Citron

Boston University School of Law; Yale University - Yale Information Society Project; Stanford Law School Center for Internet and Society

Date Written: June 2020

Abstract


Intimate life is under constant surveillance. Firms track people’s periods, hot flashes, abortions, sexual assaults, sex toy use, sexual fantasies, and nude photos. Individuals hardly appreciate the extent of the monitoring, and even if they did, little can be done to curtail it. What is big business for firms is a big risk for individuals. Corporate intimate surveillance undermines sexual privacy—the social norms that manage access to, and information about, human bodies, sex, sexuality, gender, and sexual and reproductive health. At stake is sexual autonomy, self-expression, dignity, intimacy, and equality. So are people’s jobs, housing, insurance, and other life opportunities. Women and minorities shoulder a disproportionate amount of that burden. Privacy law is failing us. Not only is the private-sector’s handling of intimate information largely unrestrained by American consumer protection law, but it is treated as inevitable and valuable. This Article offers a new compact for sexual privacy. It draws upon the lessons of civil rights law in moving beyond procedural protections and in authorizing injunctive relief. Reform efforts should focus on stemming the tidal wave of collection, restricting uses of intimate data, and expanding the remedies available in court to include orders to stop processing intimate data.

Suggested Citation

Citron, Danielle Keats, A New Compact for Sexual Privacy (June 2020). William & Mary Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3633336

Danielle Keats Citron (Contact Author)

Boston University School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States

HOME PAGE: http://www.bu.edu/law/profile/danielle-citron/

Yale University - Yale Information Society Project

127 Wall Street
New Haven, CT 06511
United States

Stanford Law School Center for Internet and Society

Palo Alto, CA
United States

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