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Information Privacy Law: Cases and Materials, Third Edition / Edition 3

Information Privacy Law: Cases and Materials, Third Edition / Edition 3

by Daniel J. Solove, Paul Schwartz

ISBN-10: 0735576416

ISBN-13: 9780735576414

Pub. Date: 11/07/2008

Publisher: Wolters Kluwer Law & Business

Author Website: http://informationprivacylaw.com

Information Privacy Law, now in its Third Edition, continues to present groundbreaking cases and cutting-edge issues, along with informative discussion and concise introductions for each area of privacy law. A conceptual framework brings logic and clarity to this wide-ranging


Author Website: http://informationprivacylaw.com

Information Privacy Law, now in its Third Edition, continues to present groundbreaking cases and cutting-edge issues, along with informative discussion and concise introductions for each area of privacy law. A conceptual framework brings logic and clarity to this wide-ranging field. Stimulating questions fuel classroom debate. Accompanying the Third Edition is an updated and expanded comprehensive Teacher’s Manual.

An important casebook in law school and a valuable reference source for practitioners, Information Privacy Law features:

  • trail-blazing cases and materials that explore issues of emerging technology and information privacy
  • a cohesive conceptual framework that brings clarity and accessibility to the wide-ranging field of information privacy law
  • thorough coverage of information privacy issues, including medical and genetic privacy, computer databases, employee monitoring, government data mining, electronic surveillance, anonymity in cyberspace, spam and telemarketing, Internet privacy, spyware, intelligence gathering and terrorism, consumer and financial privacy, privacy and the media, and more
  • stimulating pedagogy that raises provocative questions about new technologies and the development of the law
  • extensive background information and authorial guidance that provides clear and concise introductions to various areas of law
  • clear and engaging discussion of privacy statutes — including summaries of long and complex privacy statutes, such as the Electronic Communications Privacy Act, Fair Credit Reporting Act, Privacy Act, Freedom of Information Act, Cable Communications Policy Act, HIPAA regulations, and Gramm-Leach-Bliley Act

Updated throughout, the carefully revised Third Edition includes:

  • new material on defamation and gossip on the Internet through blogs and social network websites
  • important new cases dealing with identity theft, data mining , electronic surveillance law, and NSA surveillance
  • more cases to use with the statutes, including additional cases for the Privacy Act and the Fair Credit Reporting Act.
  • new developments in electronic surveillance law, including NSA surveillance, and the Foreign Intelligence Surveillance Act
  • updated coverage of HIPAA (Health Insurance Portability and Accountability Act) Privacy Rule
  • new coverage on decisional privacy in Chapter 4, (23 pages), using Griswold v. Connecticut, Planned Parenthood v. Casey, and Lawrence v. Texas as principal cases, plus extensive coverage of other cases in the notes
  • enhanced and expanded Teacher’s Manual (nearly double in size from the previous version) that offers complete, detailed, section-by-section coverage

For engaging and timely coverage of a broad range of privacy issues related to technology, media, government, health, employment, law enforcement, national security, commerce, and the financial system — look to the flagship title helmed by two of the most respected voices on privacy law, Daniel J. Solove and Paul M. Schwartz.

Product Details

Wolters Kluwer Law & Business
Publication date:
Edition description:
Older Edition
Product dimensions:
7.40(w) x 10.20(h) x 1.80(d)

Table of Contents

AInformation Privacy, Technology, and the Law1
Sidis v. F-R Publishing Corp.2
BInformation Privacy Law: Origins and Types9
1Common Law9
2Constitutional Law33
3Statutory Law35
4International Law38
CPhilosophical Perspectives39
1The Philosophical Discourse About Privacy39
2The Definition and the Value of Privacy40
3Critics of Privacy59
4The Feminist Perspective on Privacy67
2Privacy and the Media75
AInformation Gathering76
1Intrusion upon Seclusion76
3Video Voyeurism100
BDisclosure of Truthful Information102
1Public Disclosure of Private Facts103
2Disclosure of Illegally Obtained Information152
CDissemination of False or Misleading Information159
2False Light181
3Infliction of Emotional Distress185
DAppropriation of Name or Likeness188
2Name or Likeness191
3Connection to Matters of Public Interest197
4First Amendment Limitations203
3Privacy and Law Enforcement207
AThe Fourth Amendment and Emerging Technology207
2Wiretapping, Bugging, and Beyond214
3The Reasonable Expectation of Privacy Test and Emerging Technology232
BFederal Electronic Surveilliance Law263
1Section 605 of the Federal Communications Act of 1934263
2Title III of the Omnibus Crime Control Act of 1968264
3The Electronic Communications Privacy Act (ECPA) of 1986265
4The Communications Assistance for Law Enforcement Act285
5The Foreign Intelligence Surveillance Act288
CIntelligence, Terrorism, and National Security300
1Is National Security Different?300
2FISA and the "Wall"303
3The Attorney General's FBI Guidelines314
4The Homeland Security Act317
5The Intelligence Reform and Terrorism Prevention Act317
EGovernment Computer Searches323
1The Scope of Warrants to Search Computers323
2ISP Records326
4Key Logging Devices339
4Health and Genetic Privacy345
AMedical Data and Privacy in the Information Age346
Privacy and the Economics of Health Care Information346
Health Information Privacy347
"Nobody Knows the MIB"348
BConfidentiality of Medical Information350
1Professional Ethics and Evidentiary Privileges350
2Tort Liability for Disclosure of Patient Information356
3Tort Liability for Failure to Disclose Patient Information363
4Statutory Reporting Requirements375
5State Law Privacy Protections for Medical Information377
6Health Insurance Portability and Accountability Act379
CConstitutional Protection of Medical Information394
1The Constitutional Right to Information Privacy394
2The Fourth Amendment415
DGenetic Information421
1Background: Genetic Privacy421
2Property Rights in Body Parts and DNA422
3Genetic Testing and Discrimination436
4DNA Databases and Identification441
5Privacy of Associations, Anonymity, and Identification451
APrivacy of Group Associations453
1Compelled Disclosure of Group Membership Lists453
2Interrogation About Group Associations456
3Surveillance of Group Activities461
1Anonymous Speech470
2Anonymity in Cyberspace480
3Anonymous Reading and Receiving of Ideas490
4Anonymity and Copyright498
1Identification Devices and Techniques504
2Identification and the Constitution506
3Social Security Numbers513
4National Identification Systems519
6Privacy and Government Records and Databases523
APublic Access to Government Records524
1Public Records and Court Records524
2The Freedom of Information Act526
3Constitutional Requirements of Public Access542
4Constitutional Limitations on Public Access550
BGovernment Records of Personal Information577
1Fair Information Practices577
2The Privacy Act579
3The Use of Government Databases599
4The Driver's Privacy Protection Act618
7Privacy, Business Records, and Financial Information623
AThe Collection and Use of Personal Data623
1Data Collection Techniques and Devices624
2The Database Industry629
3Perspectives on the Collection and Use of Personal Data631
BRegulating Business Records and Databases636
2Property and Contract Law637
3Technological Solutions642
4Tort Law643
5Statutory Protections649
6First Amendment Limitations on Privacy Regulation673
1State Anti-Spam Laws693
2The Federal CAN-SPAM Act693
3Spam and Speech695
DIdentity Theft696
1The Identity Theft Assumption and Deterrence Act696
2State Statutory Approaches697
3Perspectives on Identity Theft Legislation698
4Database Companies, Security Breaches, and Identity Theft699
EFinancial Information700
Financial Privacy and the Theory of High-Tech Government Surveillance700
1The Credit System702
2The Use and Disclosure of Financial Information711
FGovernment Access to Financial and Business Records718
1Information Gathering Without Search Warrants718
2Information Gathering with Search Warrants735
GPrivacy Policies: Private vs. Public Enforcement739
1Privacy Policies739
2Private Enforcement: Contract Remedies746
3Public Enforcement: The FTC750
8Privacy and Place765
APrivacy at Home765
Stanley v. Georgia766
Osborne v. Ohio768
Wilson v. Layne772
BPrivacy at School778
1School Searches and Surveillance778
2Drug Testing784
3School Records794
CPrivacy at Work798
2Workplace Searches801
3Workplace Surveillance809
4Drug Testing813
5The Issue of Consent824
6Testing, Questionnaires, and Polygraphs830
7Employer Monitoring of the Telephone845
8Employer Monitoring of Mail, E-mail, and Internet Use852
9International Privacy Law869
AThe Oecd Privacy Guidelines871
BThe Protection of Privacy in Europe873
1Convergence or Divergence?873
2European Convention of Human Rights (ECHR) Article 8878
3The European Union Data Protection Directive900
CPrivacy Protection in Other Countries922
DInternational Transfers of Data929
1International Data Transfers in Litigation930
2Adequate Level of Protection Under the EU Directive933
3The Safe Harbor Arrangement936
4Passenger Name Record Data Transfers957
5Outsourcing Information Processing to Other Countries964
Table of Cases969
Table of Authorities979

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