ABSTRACT
Privacy law keeps getting stronger, but surveillance-based businesses have proven immune to these new legal regimes. The disconnect between privacy law in theory and in practice is a multifaceted problem, and one critical component is enforcement. Today, most privacy laws are enforced by governmental regulators – the Federal Trade Commission, the nascent California Privacy Protection Agency, and state attorneys general. An enduring impasse for proposed privacy laws is whether to supplement public enforcement by using a private right of action to authorize individuals to enforce the law. Both of these conventional enforcement schemes have significant shortcomings. Public enforcement has proven inadequate because resource-constrained regulators only rarely bring enforcement actions, and the resulting consent decrees tend to entrench the status quo …
Ormerod, Peter, Privacy Qui Tam (July 11, 2022). Notre Dame Law Review, volume 98 (forthcoming 2023).
First posted 2022-07-18 16:00:03
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