Privacy law is complicated. While U.S. courts have generally refused to recognize personal data as a traditional property right, the right to privacy is a tantamount constitutional right with high levels of protection, including a person’s own data. This posting discusses those issues related to intellectual property law. General Rules re Data as Property In …
Category: privacy
Privacy Law and I.P.: Key Issues and Intersections
Privacy law and intellectual property law are two distinct yet increasingly interconnected areas of U.S. law. While I.P. protects creative and innovative works, privacy law protects personal information and individual autonomy. Their intersection raises complex legal challenges, particularly in the digital age. Privacy Law Framework Constitutional Foundation The U.S. Constitution doesn’t explicitly guarantee a right …
SCOTUS Watch: Tech & Privacy Collision Avoided When Microsoft Email Server Case Dismissed as Moot
Normally, this blog is devoted to intellectual property issues specific to technology, much of which is case law analysis primarily in the areas of patent, trademark, and copyright laws. However, as is often the case in real-life when different laws clash, so do intellectual properties with other areas of law. The right of privacy is …