Notes for Seattle University Laws Privacy Session:

What is the reasonable expectation of Privacy online?

• Each younger generation is being more open
• trust is leveraged v. privacy
• US has no comprehensive privacy law
• There is some privacy in common law and constitutional law but no cohesion
• In the EU humans have a RIGHT to manage their own data v. In the US there is no right
• Most of the rest of the world has a RIGHT to DELETE

What are the privacy issues company should look for?

• Consumer backlash – social media creates a non legal remedy
• Privacy Policies
• FTC Action
• Common law claims (invasion, harassment, Note Rowe: Prosser torts)

Legal calculations must include:

• Risk of get sued
• Risk of losing law suit
• Risk of bad traditional press
• Risk of bad social media press

Most Common Privacy Policies Problems:

• Poorly worded default setting that confuse consumers (Buzz & facebook)
• Retroactive Application – FTC says you need special consent beyond continued use for applying new policies to previously collected data (source needed)

EPIC complaints have revolve around “unfair and deceptive” trade practices.

Favorite quote “Canada is not the 51st state…” they do protect some privacy

Kids

• COPA age 13
• you can not take personal y identifiable information FROM kids.  Do not confuse this with information ABOUT kids.  Information about kids from adults is ok but not info from kids.

This talk was by, Kraig L. Marini Baker of Davis Wright Tremaine.