Data privacy law fails to stop companies from engaging in self-serving, opportunistic behavior at the expense of those who trust them with their data. Academics and policymakers have recently proposed a possible solution: require those entrusted with peoples’ data and online experiences to be loyal to those who trust them. But critics and companies have concerns about a duty of loyalty. What, exactly, would such a duty of loyalty require? What are the goals and limits of such a duty? Should loyalty mean obedience or a pledge to make decisions in peoples’ best interests? What would the substance of the rules implementing the duty look like?
December 11, 2020 SHARE
Neil Richards, the Koch Distinguished Professor in the School of Law at Washington University in St. Louis, addressed a Dec. 9 hearing of the Senate Committee on Commerce, Science, and Transportation, where he pushed for passage of a comprehensive law that would provide appropriate safeguards, enforceable rights and effective legal remedies for consumers when it comes to their personal data.
The hearing was aimed at discussing U.S. privacy legislation and a response to the invalidation of the European Union (EU)-U.S. Privacy Shield, which ended in July.
Richards addressed the hearing of the Senate Committee on Commerce, Science, and Transportation from his home Dec. 9.