1. November 12, 2015. Session 01

    # vimeo.com/145687501 Uploaded
  2. November 12, 2015. Session 02

    # vimeo.com/145652243 Uploaded

Briefing on Nomi, Spokeo, and Privacy Harms

MasonLEC PRO

Two recent cases have put the issue of privacy harms front and center. During the upcoming term, the Supreme Court will hear arguments in Spokeo, Inc. vs. Robins, a case that addresses standing in the context of the Fair Credit Reporting Act. Last spring,…


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Two recent cases have put the issue of privacy harms front and center. During the upcoming term, the Supreme Court will hear arguments in Spokeo, Inc. vs. Robins, a case that addresses standing in the context of the Fair Credit Reporting Act. Last spring, the FTC charged retail tracking firm, Nomi Technologies, with a violation of the FTC Act.

Both of these cases raise important issues surrounding privacy enforcement: When is a privacy harm sufficient to confer standing? Should the FTC rethink materiality in the context of privacy statements? What about so-called “predictive privacy harms” from big data? What do these cases mean for information technology firms?

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