The death of a borrower too often brings the surviving spouse or other heirs to the brink of foreclosure. Transfer of the marital home to a non-borrower spouse through divorce may lead to the same problems. Mortgage servicers tell these successor homeowners that because they are not the borrower on the loan, they are not entitled to any information about the mortgage secured by their home and cannot apply for a loan modification, even if they are struggling with the payments. In fact, successors have a right to information, the right to assume liability for the loan, and the right to apply for a modification. In the midst of the foreclosure crisis, many academics have examined state-specific laws, mortgage securitization, and the financial incentives that impede efforts to mitigate foreclosures. No scholarly paper has explored the legal issues affecting successor homeowners who seek information and payment relief after a transfer of the family home. In this article, we provide a comprehensive discussion of the federal privacy regulations, statutory limits on enforcement of due-on-sale clauses (specifically the exceptions contained in the Garn-St Germain Act), state contract law, and federal loan modification programs that determine the rights of this vulnerable population. In a time of increased focus on regulation of mortgage lenders and servicers, we also recommend policy changes that would clarify existing rights and better prevent avoidable foreclosures.
{"title":"Surviving the Borrower: Assumption, Modification, and Access to Mortgage Information after a Death or Divorce","authors":"S. Mancini, Alyssa M. Cohen","doi":"10.2139/SSRN.2498188","DOIUrl":"https://doi.org/10.2139/SSRN.2498188","url":null,"abstract":"The death of a borrower too often brings the surviving spouse or other heirs to the brink of foreclosure. Transfer of the marital home to a non-borrower spouse through divorce may lead to the same problems. Mortgage servicers tell these successor homeowners that because they are not the borrower on the loan, they are not entitled to any information about the mortgage secured by their home and cannot apply for a loan modification, even if they are struggling with the payments. In fact, successors have a right to information, the right to assume liability for the loan, and the right to apply for a modification. In the midst of the foreclosure crisis, many academics have examined state-specific laws, mortgage securitization, and the financial incentives that impede efforts to mitigate foreclosures. No scholarly paper has explored the legal issues affecting successor homeowners who seek information and payment relief after a transfer of the family home. In this article, we provide a comprehensive discussion of the federal privacy regulations, statutory limits on enforcement of due-on-sale clauses (specifically the exceptions contained in the Garn-St Germain Act), state contract law, and federal loan modification programs that determine the rights of this vulnerable population. In a time of increased focus on regulation of mortgage lenders and servicers, we also recommend policy changes that would clarify existing rights and better prevent avoidable foreclosures.","PeriodicalId":179517,"journal":{"name":"Information Privacy Law eJournal","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124032929","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
We expose subjects in our experiment to the risk of having to reveal private information to other participants. We show that the decision to incur this risk is driven mainly by their general attitude to monetary risk. Survey attitudes to privacy play only a marginal role in explaining attitudes to privacy risk. Subjects who are more willing to pay or to accept payment for their private information do not appear to be more or less likely to incur privacy risks than others once their overall level of risk aversion is taken into account. We further test the relation between privacy and control, that is, whether depriving subjects of full control over whether their personal information will be revealed leads them to lose interest in protecting it. We find that this is not the case. We finally find that subjects who are asked for their preferences over monetary risk before being asked for their preferences over privacy risks tend to choose riskier options in privacy lotteries. This provides evidence of the importance of framing for privacy decisions; inducing subjects to think of privacy decisions in the context of financial decisions reduces their aversion to privacy risk.
{"title":"Privacy Protection, Risk Attitudes, and the Need for Control: An Experimental Study","authors":"Alisa Frik, Alexia Gaudeul","doi":"10.2139/SSRN.2743639","DOIUrl":"https://doi.org/10.2139/SSRN.2743639","url":null,"abstract":"We expose subjects in our experiment to the risk of having to reveal private information to other participants. We show that the decision to incur this risk is driven mainly by their general attitude to monetary risk. Survey attitudes to privacy play only a marginal role in explaining attitudes to privacy risk. Subjects who are more willing to pay or to accept payment for their private information do not appear to be more or less likely to incur privacy risks than others once their overall level of risk aversion is taken into account. We further test the relation between privacy and control, that is, whether depriving subjects of full control over whether their personal information will be revealed leads them to lose interest in protecting it. We find that this is not the case. We finally find that subjects who are asked for their preferences over monetary risk before being asked for their preferences over privacy risks tend to choose riskier options in privacy lotteries. This provides evidence of the importance of framing for privacy decisions; inducing subjects to think of privacy decisions in the context of financial decisions reduces their aversion to privacy risk.","PeriodicalId":179517,"journal":{"name":"Information Privacy Law eJournal","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124048825","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-02-05DOI: 10.1017/cbo9781316411292
C. Hoofnagle
Federal Trade Commission Privacy Law and Policy is an in-depth history of the FTC’s 100-year-long consumer protection efforts. It explains how decades of false advertising enforcement informs today’s privacy efforts. It contains practical advice for lawyers practicing before the agency, strategy for advocates, and insight for policymakers on the challenge of addressing unfair and deceptive trade practices. Most importantly, the book provides context for the agency’s powers and procedure.The FTC’s regulation of technology and privacy is not new. The FTC’s first reported case concerned a company that treated cotton so that it could be passed off as silk. Its first privacy case dealt with an early kind of information broker that tricked people into revealing personal information so that debt collectors could locate them. Reviewing the history of these cases and the rationales that gave rise to the FTC helps us understand broader policy problems in consumer protection.
{"title":"Federal Trade Commission Privacy Law and Policy (Introduction and Excerpt)","authors":"C. Hoofnagle","doi":"10.1017/cbo9781316411292","DOIUrl":"https://doi.org/10.1017/cbo9781316411292","url":null,"abstract":"Federal Trade Commission Privacy Law and Policy is an in-depth history of the FTC’s 100-year-long consumer protection efforts. It explains how decades of false advertising enforcement informs today’s privacy efforts. It contains practical advice for lawyers practicing before the agency, strategy for advocates, and insight for policymakers on the challenge of addressing unfair and deceptive trade practices. Most importantly, the book provides context for the agency’s powers and procedure.The FTC’s regulation of technology and privacy is not new. The FTC’s first reported case concerned a company that treated cotton so that it could be passed off as silk. Its first privacy case dealt with an early kind of information broker that tricked people into revealing personal information so that debt collectors could locate them. Reviewing the history of these cases and the rationales that gave rise to the FTC helps us understand broader policy problems in consumer protection.","PeriodicalId":179517,"journal":{"name":"Information Privacy Law eJournal","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129236832","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The emergence of Big Data has amounted to the complexity of the discussion on data reuse. The benefits of Big Data lie in the possibilities to discover novel trends, patterns and relationships by combining very large amounts of data from different sources. Current personal data protection requirements like data minimization and purpose specification are potentially inimical to Big Data as they limit the size and use of Big Data. Substantial loss of economic and social benefits of Big Data may be the result. In order to avoid this, the reuse of data could be encouraged. Data reuse, when done properly, may be both privacy preserving and economically and socially beneficial. In this paper, we provide a taxonomy of data reuse from both the data controller’s and the data subject’s perspective that may be useful to determine the extent to which data reuse should be allowed and under which conditions. From the data controller’s perspective we distinguish data recycling, data repurposing and data recontextualisation. From the data subject’s perspective, we distinguish data sharing and data portability. It is argued that forms of data reuse that stay close to the awareness and intentions of data subjects should be approached less tight (for instance, by assuming informed consent), whereas forms of data reuse that are ‘at a distance’, i.e., in which awareness and transparency may be lacking and data subject’s rights may prove more difficult to exercise, more restrictions and additional protection should be considered (for instance, by requiring explicit consent).
{"title":"Big Data and Data Reuse: A Taxonomy of Data Reuse for Balancing Big Data Benefits and Personal Data Protection","authors":"B. Custers, Helena U Vrabec","doi":"10.1093/IDPL/IPV028","DOIUrl":"https://doi.org/10.1093/IDPL/IPV028","url":null,"abstract":"The emergence of Big Data has amounted to the complexity of the discussion on data reuse. The benefits of Big Data lie in the possibilities to discover novel trends, patterns and relationships by combining very large amounts of data from different sources. Current personal data protection requirements like data minimization and purpose specification are potentially inimical to Big Data as they limit the size and use of Big Data. Substantial loss of economic and social benefits of Big Data may be the result. In order to avoid this, the reuse of data could be encouraged. Data reuse, when done properly, may be both privacy preserving and economically and socially beneficial. In this paper, we provide a taxonomy of data reuse from both the data controller’s and the data subject’s perspective that may be useful to determine the extent to which data reuse should be allowed and under which conditions. From the data controller’s perspective we distinguish data recycling, data repurposing and data recontextualisation. From the data subject’s perspective, we distinguish data sharing and data portability. It is argued that forms of data reuse that stay close to the awareness and intentions of data subjects should be approached less tight (for instance, by assuming informed consent), whereas forms of data reuse that are ‘at a distance’, i.e., in which awareness and transparency may be lacking and data subject’s rights may prove more difficult to exercise, more restrictions and additional protection should be considered (for instance, by requiring explicit consent).","PeriodicalId":179517,"journal":{"name":"Information Privacy Law eJournal","volume":"322 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121682454","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Despite being a rather new phenomenon, the Internet of Things is already powering a fast-growing market of “smart” objects that are able to collect and assess huge amounts of data. This article outlines which regulatory challenges policy-makers have to overcome to ensure a sufficient protection of individuals and their data while still fostering innovation and competition in this sector. This involves more than a re-modelling of existing regulations. It requires new policies that go hand in hand with the new technology
{"title":"Regulatory Challenges of the Internet of Things","authors":"Thomas Hoppner, A. Gubanova","doi":"10.2139/ssrn.3097113","DOIUrl":"https://doi.org/10.2139/ssrn.3097113","url":null,"abstract":"Despite being a rather new phenomenon, the Internet of Things is already powering a fast-growing market of “smart” objects that are able to collect and assess huge amounts of data. This article outlines which regulatory challenges policy-makers have to overcome to ensure a sufficient protection of individuals and their data while still fostering innovation and competition in this sector. This involves more than a re-modelling of existing regulations. It requires new policies that go hand in hand with the new technology","PeriodicalId":179517,"journal":{"name":"Information Privacy Law eJournal","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123152345","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Expanding Scope of the Data Protection Directive: The Exception for a 'Purely Personal or Household Activity'","authors":"O. Butler","doi":"10.2139/SSRN.2660916","DOIUrl":"https://doi.org/10.2139/SSRN.2660916","url":null,"abstract":"This is the accepted manuscript. The final version is available from Winchester University Press via https://doi.org/10.21039/irpandp.v1i1.1","PeriodicalId":179517,"journal":{"name":"Information Privacy Law eJournal","volume":"189 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121526802","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The open data movement is gathering steam globally, and it has the potential to transform relationships between citizens, the private sector and government. To date, little or no attention has been given to the particular challenge of realizing the benefits of open data within an officially bi- or multi-lingual jurisdiction. Using the efforts and obligations of the Canadian federal government as a case study, the authors identify the challenges posed by developing and implementing an open data agenda within an officially bilingual state. Key concerns include (1) whether governments may use open data to outsource some information analysis and information services to an unregulated private sector through open data initiatives, thus directly or indirectly avoiding obligations to provide information analysis and information tools in official languages; and (2) whether the rush by governments to support the innovation agenda of open data may leave minority language communities both under-served and under-included in the development and use of open data.
{"title":"Open Data and Official Language Regimes","authors":"T. Scassa, N. Singh","doi":"10.2139/SSRN.2689271","DOIUrl":"https://doi.org/10.2139/SSRN.2689271","url":null,"abstract":"The open data movement is gathering steam globally, and it has the potential to transform relationships between citizens, the private sector and government. To date, little or no attention has been given to the particular challenge of realizing the benefits of open data within an officially bi- or multi-lingual jurisdiction. Using the efforts and obligations of the Canadian federal government as a case study, the authors identify the challenges posed by developing and implementing an open data agenda within an officially bilingual state. Key concerns include (1) whether governments may use open data to outsource some information analysis and information services to an unregulated private sector through open data initiatives, thus directly or indirectly avoiding obligations to provide information analysis and information tools in official languages; and (2) whether the rush by governments to support the innovation agenda of open data may leave minority language communities both under-served and under-included in the development and use of open data.","PeriodicalId":179517,"journal":{"name":"Information Privacy Law eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117129171","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-04-29DOI: 10.5040/9781474202510.ch-016
V. Mak
This paper explores what normative choices have been made with regard to the image(s) of the consumer in European regulatory private law (ERPL), and whether these choices may (or may not) need revision as insights on consumers’ needs for protection evolve.
{"title":"The Consumer in European Regulatory Private Law","authors":"V. Mak","doi":"10.5040/9781474202510.ch-016","DOIUrl":"https://doi.org/10.5040/9781474202510.ch-016","url":null,"abstract":"This paper explores what normative choices have been made with regard to the image(s) of the consumer in European regulatory private law (ERPL), and whether these choices may (or may not) need revision as insights on consumers’ needs for protection evolve.","PeriodicalId":179517,"journal":{"name":"Information Privacy Law eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125822307","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Telecommunications companies across Canada have begun to release transparency reports to explain what data the companies collect, what data they retain and for how long, and to whom that data is, or has been, disclosed to. This article evaluates the extent to which Canadian telecommunications companies’ transparency reports respond to a set of public policy goals set by civil society advocates, academics, and corporations, namely: of contextualizing information about government surveillance actions, of legitimizing the corporate disclosure of data about government-mandated surveillance actions, and of deflecting or responding to telecommunications subscribers’ concerns about how their data is shared between companies and the government. In effect, have the reports been effective in achieving the aforementioned goals or have they just had the effect of generating press attention?After discussing the importance of transparency reports generally, and the specificities of the Canadian reports released in 2014, I argue that companies must standardize their reports across the industry and must also publish their lawful intercept handbooks for the reports to be more effective. Ultimately, citizens will only understand the full significance of the data published in telecommunications companies’ transparency when the current data contained in transparency reports is contextualized by the amount of data that each type of request can provide to government agencies and the corporate policies dictating the terms under which such requests are made and complied with.
{"title":"Do Transparency Reports Matter for Public Policy? Evaluating the Effectiveness of Telecommunications Transparency Reports","authors":"Christopher Parsons","doi":"10.2139/SSRN.2546032","DOIUrl":"https://doi.org/10.2139/SSRN.2546032","url":null,"abstract":"Telecommunications companies across Canada have begun to release transparency reports to explain what data the companies collect, what data they retain and for how long, and to whom that data is, or has been, disclosed to. This article evaluates the extent to which Canadian telecommunications companies’ transparency reports respond to a set of public policy goals set by civil society advocates, academics, and corporations, namely: of contextualizing information about government surveillance actions, of legitimizing the corporate disclosure of data about government-mandated surveillance actions, and of deflecting or responding to telecommunications subscribers’ concerns about how their data is shared between companies and the government. In effect, have the reports been effective in achieving the aforementioned goals or have they just had the effect of generating press attention?After discussing the importance of transparency reports generally, and the specificities of the Canadian reports released in 2014, I argue that companies must standardize their reports across the industry and must also publish their lawful intercept handbooks for the reports to be more effective. Ultimately, citizens will only understand the full significance of the data published in telecommunications companies’ transparency when the current data contained in transparency reports is contextualized by the amount of data that each type of request can provide to government agencies and the corporate policies dictating the terms under which such requests are made and complied with.","PeriodicalId":179517,"journal":{"name":"Information Privacy Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115521565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Effectively accessing and using online evidence is a critical part of modern investigations and prosecutions, but also has significant implications for users’ privacy. The current system of international sharing of online data in criminal matters is a patchwork of domestic and international law that is slow, uncertain, and not well understood. This paper provides an overview of the current system for foreign governments seeking user data from U.S.-based internet companies. After describing the way in which the system currently operates, it identifies problems with the system, and outlines the reform efforts that are beginning to emerge.
{"title":"International Law Enforcement Access to User Data: A Survival Guide and Call for Action","authors":"K. Westmoreland, Gail Kent","doi":"10.2139/SSRN.2547289","DOIUrl":"https://doi.org/10.2139/SSRN.2547289","url":null,"abstract":"Effectively accessing and using online evidence is a critical part of modern investigations and prosecutions, but also has significant implications for users’ privacy. The current system of international sharing of online data in criminal matters is a patchwork of domestic and international law that is slow, uncertain, and not well understood. This paper provides an overview of the current system for foreign governments seeking user data from U.S.-based internet companies. After describing the way in which the system currently operates, it identifies problems with the system, and outlines the reform efforts that are beginning to emerge.","PeriodicalId":179517,"journal":{"name":"Information Privacy Law eJournal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129477939","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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