Information Privacy Law (P. Schw*rtz)

Considerable difficulty exists in the Information Age with privacy law’s traditional approach, which is to protect a “right to be let alone.” Employing privacy law to protect such “informational seclusion” is of limited promise in an age of information technology, international data flows, and demands by consumers and citizens for administered services from public and private entities. This course will examine how personal information is used in a variety of settings, including on the Internet. It will evaluate how the law, including constitutional, statutory, and the common law, regulates flows of personal data. Topics include the tort right of privacy; the Fourth Amendment and statutory rules for access by law enforcement to personal information; national security and electronic surveillance to gain foreign intelligence; and financial privacy.