Request For Research Presentations For the PrivacyCon Conference #00026

Submission Number:
Lauren Scholz
Initiative Name:
Request For Research Presentations For the PrivacyCon Conference
This Article argues that a transparent claims process for privacy concerns arising from new technologies is essential for gauging privacy social norms and legitimating new technologies. The information accumulated from such a claims system provides the public with the soft power to encourage institutions to incorporate social norms into privacy policy development. The process itself also establishes government and relevant corporations as measured leaders that have some accountability to the public interest. Accessible claims processes that allow individuals to petition institutions empower and make more visible the concerns of individuals who have privacy concerns with a new technology. This gives both private and public actors an incentive to act to assuage individual concerns and build trust with the public. The success of similar systems for patent registration, data breach notification, and legal malpractice discipline, paired with inspiration from information privacy claims system in place in Germany demonstrate the value and feasibility of a claims process for information privacy concerns in the United States. The article explores three possible institutional avenues for claims process in detail, namely (1) state courts, (2) state agencies, and (3) private actors, who would be mandated to disclose the submissions to a government agency.