Private Law Theory

INTRODUCTION
… This Article acknowledges that the tort of invasion of privacy is an appropriate vehicle for addressing genetic privacy violations. But if tort law is to accomplish this goal in the age of big data, the doctrine must undergo a bit of a facelift. This is so because the current state of tort law imposes doctrinal barriers on genetic privacy plaintiffs. Although these barriers can take several forms, a common theme underpins them: plaintiffs are permitted to receive compensation only when imposing liability succeeds in deterring future acts of that kind. As a result of these barriers, plaintiffs cannot receive compensation if imposing liability on the actor causing their injury would not accomplish a greater level of deterrence. This reality is unacceptable, and it must be addressed. The solution I propose is to circumvent these doctrinal barriers. Holding those routinely attending to genetic data strictly liable for any and all actions that cause genetic privacy violations can accomplish this goal …

Benjamin Sundholm, Strict Liability for Genetic Privacy Violations in the Age of Big Data, 49 University of Memphis Law Review 759 (2019).

First posted 2019-05-09 13:55:51