About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

49 U. Mich. J.L. Reform 717 (2015-2016)
Protecting Personal Information: Achieving a Balance Between User Privacy and Behavioral Targeting

handle is hein.journals/umijlr49 and id is 735 raw text is: PROTECTING PERSONAL INFORMATION: ACHIEVING A BALANCE BETWEEN USER PRIVACY AND BEHAVIORAL TARGETING Patrick Myers* Websites and mobile applications provide immeasurable benefits to both users and companies. These services often collect vast amounts of personal information from the individuals that use them, including sensitive details such as Social Security numbers, credit card information, and physical location. Personal data collection and dissemination leave users vulnerable to various threats that arise from the invasion of their privacy, particularly because users are often ignorant of the exis- tence or extent of these practices. Current privacy law does not provide users with adequate protection from the risks attendant to the collection and dissemination of their personal information. This Note advocates a comprehensive solution: a fed- eral statute that introduces a contractual mentality to encourage informed consent to companies' data collection and dissemination practices. TABLE OF CONTENTS INTRODUCTION .................................................. 718 I. MECHANICS, COSTS, AND BENEFITS OF COLLECTING AND DISSEMINATING USER INFORMATION .................... 719 A. Mechanics of Collection and Dissemination ........... 719 B. Benefits to Users and Companies .................... 722 C. Privacy Concerns and Drawbacks ................... 724 D. Intensified Need for Comprehensive Protection in Light of Modern Technology .............................. 727 II. SHORTCOMINGS OF APPLICABLE LAW ................... 729 A. Legal Notions of Privacy ........................... 729 B. Limited Reach of Contract Law ..................... 732 C. Statutory Protections and Failed Legislative Attempts.. 734 D. FTC Regulatory Activity ............................ 738 III. A COMPREHENSIVE FEDERAL SOLUTION ................. 740 A. Electronic Signature Requirement .................... 741 B. Clear and Conspicuous Privacy Policies .............. 742 C. Private Cause of Action ............................ 743 D. FTC Enforcement .................................. 744 E. Companies' Interests ............................... 745 CONCLUSION .................................................... 746 * J.D. Candidate, 2016, University of Michigan Law School; B.A., 2013, University of Michigan.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most