Reclaiming Our Right to Privacy by Holding Tech. Companies Accountable

34 Pages Posted: 6 Dec 2020

See all articles by Wayne Unger, JD

Wayne Unger, JD

Quinnipiac University School of Law

Date Written: October 31, 2020

Abstract

Under the present regime, data privacy and security protections are not working for individuals. Despite data privacy and security failures in recent years, Congress has not passed comprehensive legislation to protect individuals’ personal information. In the absence of comprehensive federal data privacy and security legislation, states are moving at an increasing rate to enact such protections. The enforcement of these data privacy and security protections is a hotly contested issue not often discussed or explored. However, enforcement must be discussed to effectuate the substantive protections needed as more personal information is collected, used, stored, and disseminated.

Based on my professional experience in Silicon Valley and my legal and technology research, this article discusses the private right of action with respect to data privacy and security legislation, without regard to whether such legislation is enacted at a state or federal level. The purpose of this paper is to argue that if a legislature decided to enact privacy legislation, the legislation must include a limited private right of action to make the legislation effective at protecting individuals and not corporations. Only then can we reclaim our right to privacy.

Keywords: privacy, data, technology, tech, security, private, private right of action, big data, breach, FTC, CCPA, California Consumer Privacy Act, standing, injury in fact, injury, remedies, statutory damages, paradox, PROA, self-regulation, Facebook, equifax, hack, unauthorized

Suggested Citation

Unger, Wayne, Reclaiming Our Right to Privacy by Holding Tech. Companies Accountable (October 31, 2020). Richmond Journal of Law and Technology, Vol. 27, No. 1, 2020, Available at SSRN: https://ssrn.com/abstract=3722672

Wayne Unger (Contact Author)

Quinnipiac University School of Law ( email )

275 Mt. Carmel Ave.
Hamden, CT 06518
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
129
Abstract Views
759
Rank
409,660
PlumX Metrics