ABSTRACT
New technologies, such as internet-connected home devices we have come to call ‘the Internet of Things (IoT)’, connected cars, sensors, drones, internet-connected medical devices, and workplace monitoring of every sort, create privacy gaps that can cause danger to people. In ‘Privacy as Safety’, 95 Washington Law Review 141 (2020), two of us sought to emphasize the deep connection between privacy and safety, in order to lay a foundation for arguing that US administrative agencies with a safety mission can and should make privacy protection one of their goals. This article builds on that foundation with a detailed look at the safety missions of several agencies. In each case, we argue that the agency has the discretion, if not necessarily the duty, to demand enhanced privacy practices from those within its jurisdiction, and that the agency should make use of that discretion.
This is the first article in the legal literature to identify the substantial gains to personal privacy that several US agencies tasked with protecting safety could achieve under their existing statutory authority …
Froomkin, A Michael and Arencibia, Phillip J and Colangelo, Zak, Safety as Privacy (January 30, 2022).
First posted 2022-02-02 16:00:54
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