Sep 282014
 
 September 28, 2014  Featured News, Misc

Paul Ohm has an article, “Sensitive Information,” to be published in Southern California Law Review, Vol. 88, 2015. Here’s the Abstract:

Almost every information privacy law provides special protection for certain categories of “sensitive information,” such as health, sex, or financial information. Even though this approach is widespread, the concept of sensitive information is woefully undertheorized. What is it about these categories that deserves special protection? This Article offers an extended examination of this question. It surveys dozens of laws and regulations to develop a multi-factor test for sensitivity.

From this survey, the Article concludes that sensitive information is connected to privacy harms affecting individuals. Consistent with this, at least for the case of privacy in large databases, it recommends a new “threat modeling” approach to assessing the risk of harm in privacy law, borrowing from the computer security literature. Applying this approach it concludes that we should create new laws recognizing the sensitivity of currently unprotected forms of information — most importantly geolocation and some forms of metadata — because they present significant risk of privacy harm.

You can download the article from SSRN.

Sorry, the comment form is closed at this time.