Can I Keep It Private? Privacy Laws in Various Contexts

by Ude Lu, UMN Law Student, MJLST Articles Editor

Target Corp., the second-largest retailer in the nation, announced to its customers on Dec 20, 2013 that its payment card data had been breached. About 40 million customers who shopped at Target between Nov. 27 and Dec. 15, 2013 using credit or debit cards are affected. The stolen information includes the customer’s name, credit or debit card number, and the card’s expiration date. [Update: The breach may have affected over 100 million customers, and additional kinds of information may have been disclosed.]

This data breach stirred public discussions about data security and privacy protections. Federal Trade (FTC) Commissioner Maureen Ohlhausen said on Jan. 6, during a Twitter chat, that this event highlights the need for consumer and business education on data security.

In the US, the FTC’s privacy protection enforcement runs on a “broken promise” framework. This means the FTC will enforce privacy protection according to what a business entity promised to its customers. Privacy laws have increasing importance in wake of the information age.

Readers of this blog are encouraged to explore the following four articles published in MJLST, discussing privacy laws in various contexts:

1. Constitutionalizing E-mail Privacy by Informational Access, by Manish Kumar. This article highlights the legal analyses of email privacy under the Fourth Amendment.
2. It’s the Autonomy, Stupid: Political Data-Mining and Voter Privacy in the Information Age, by Chris Evans. This article explores the unique threats to privacy protection posed by political data-mining.
3. Privacy and Public Health in the Information Age: Electronic Health Records and the Minnesota Health Records Act, by Kari Bomash. This article examines the adequacy of the Minnesota Health Records Act (MHRA) that the state passed to meet then-Governor Pawlenty’s 2015 mandate requiring every health care provider in Minnesota to have electronic health records.
4. An End to Privacy Theater: Exposing and Discouraging Corporate Disclosure of User Data to the Government, by Christopher Soghoian. This article explores how businesses vary in disclosing privacy information of their clients to governmental agencies.