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28 U. Miami Bus. L. Rev. 434 (2019-2020)
The United States: Big Data, Little Regulation

handle is hein.journals/umblr28 and id is 451 raw text is: THE UNITED STATES: BIG DATA, LITTLE REGULATION Megan Valent' In the United States today, there is no single law to address the privacy concerns associated with the collection ofconsumer data. Lawmakers have introduced policies that seek to address data privacy at the federal level, but Congress has not yet acted to create a comprehensive law to protect consumers. On the contrary, in 2016, the European Union passed its General Data Protection Regulation to address the dangers associated with Big Data and to give consumers control over their data. Unfortunately, in the United States consumers are often unaware of how their data is being handled and what is done with their data once a security breach has occurred. In Kaufman v. Google LLC, for instance, Ronnie Kaufman filed a class action lawsuit against Google for its alleged deceptive practices of tracking and storing location data after users apparently deactivated Google's ability to track and store this data. According to the complaint, Google represented to the public and its users that it would not access user location history if users took certain steps in managing their privacy settings. Unfortunately, however, Kaufman alleged that Google continued to track and store her personal data. This note analyzes the implications of the Big Data Era on individual privacy rights in the United States. It argues that companies should write opt-out privacy policies in a clear and 1 Juris Doctor Candidate, University of Miami School of Law (2020); Bachelor of Science, Florida State University (2017). I thank Professor Cheryl Zuckerman for her helpful commentary at different stages of my article and her continuous encouragement. I also thank the editors of the University of Miami Business Law Review for their insight and feedback. 434

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