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Start Over Author "SCHOLZ, LAUREN HENRY" Topic company business management
2 results on '"SCHOLZ, LAUREN HENRY"'

1. PRIVATE RIGHTS OF ACTION IN PRIVACY LAW.

Author

Scholz, Lauren Henry

Subjects
Privacy, Right of -- Laws, regulations and rules, Antitrust law -- Evaluation, Searches and seizures -- Laws, regulations and rules, Third parties (Law) -- Laws, regulations and rules, Data security -- Management -- Laws, regulations and rules, Computer services industry -- Ethical aspects -- Laws, regulations and rules, Law enforcement -- Methods -- Laws, regulations and rules -- Evaluation, Dignity -- Management -- Remedies -- Laws, regulations and rules, Right of action -- Laws, regulations and rules, Market power -- Management -- Laws, regulations and rules, Government regulation, Antitrust issue, Company business management, Data security issue, Computer services industry, United States Constitution (U.S. Const. amend. 4)
Abstract

Table of Contents Introduction 1641 I. Comparing Private, Public, and Hybrid Enforcement of Privacy Law 1646 A. Public Enforcement Regimes 1648 B. Private Enforcement Regimes 1651 C. Hybrid Enforcement Regimes [...], Many privacy advocates assume that the key to providing individuals with more privacy protection is strengthening the government's power to directly sanction actors that hurt the privacy interests of citizens. This Article contests the conventional wisdom, arguing that private rights of action are essential for privacy regulation. First, I show how private rights of action make privacy law regimes more effective in general. Private rights of action are the most direct regulatory access point to the private sphere. They leverage private expertise and knowledge, create accountability through discovery, and have expressive value in creating privacy-protective norms. Then to illustrate the general principle, I provide examples of how private rights of action can improve privacy regulation in a suite of key modern privacy problems. We cannot afford to leave private rights of action out of privacy reform.

Published
2022

2. Fiduciary Boilerplate: Locating Fiduciary Relationships in Information Age Consumer Transactions.

Author

Scholz, Lauren Henry

Subjects
Fiduciary duties -- Laws, regulations and rules -- Remedies -- Standards, Standardized terms of contract -- Laws, regulations and rules -- Management -- Remedies, Government regulation, Company business management
Abstract

I. INTRODUCTION 144 II. CONSUMER-FIRM ENGAGEMENT IN THE INFORMATION ECONOMY 147 A. Reconceptualizing Consumer Transactions as Fiduciary Relationships 147 B. Consumer Contracts as Pervasive and Networked 151 C. Widespread Deviation [...], The result of applying general contract principles to consumer boilerplate has been a mass transfer of unrestricted rights to use and sell personal information from consumers to companies. This has enriched companies and enhanced their ability to manipulate consumers. It has also contributed to the modern data insecurity crisis. Information age consumer transactions should create fiduciary relationships between firm and consumer as a matter of law. Recognizing this fiduciary relationship at law honors the existence of consumer agreements while also putting adaptable, context-sensitive limits on opportunistic behavior by firms. In a world of ubiquitous, interconnected, and mutable contracts, consumers must trust the companies with which they transact not to expose them to economic exploitation and undue security risks: the very essence of a fiduciary relationship. Firms owe fiduciary duties of loyalty and care to their customers that cannot be displaced by assent to boilerplate. History, doctrine, and pragmatism all support this position.

Published
2020

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