Originally published at: https://boingboing.net/2019/06/04/data-fiduciary.html
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I’m not sure about the private right of action thing. I get that people don’t necessarily trust that the government will go after big companies, but if a company is so large that the attorney general won’t take them on, they won’t be good targets for individuals to enter court battles with. I feel like not trusting the government to enforce the law is never going to be solved by anything you write in a law.
If the companies just keep fighting, let’s just end all this and make it law that everything is Opt In by default. No data collection until we say so, with big penalties if this is breached. And where a right to a civil remedy exists -i.e lawsuits vs arbitration, the right to sue cannot be nullified by arbitration clauses. I mean if these companies are going to insist on getting their way, we have the right and the power to insist they don’t get a say anymore. This is why we vote for candidates that do not roll over for corporations who behave in sociopathic ways.
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I’m all for gaining back more of our privacy but this: “unexpected and highly offensive to a reasonable consumer.” That seems like a really broad and vague sentence, i hope that the bill goes into more detail on what that means.
Joke’s on me: I expect to be highly offended by usage of my data. So sad.
Same, i would find most (if not all) usage of my personal data inherently offensive to my privacy
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I haven’t looked at the draft of this bill, but most laws in New York that include a private right of action are drafted in such a way that either a private citizen OR the Attorney General can file suit for an alleged violation of the statute. I would expect this is the same.
Between the private right of action and no cap on the size of companies that are subject to the statute, it is dead on arrival. The courts would be flooded with cases under the statute and small companies would be unable to defend themselves. While I’m hardly a corporatist and I fully support a law that offers strong privacy protections for consumers, and strong enforcement provisions, it shouldn’t be so over-broad as to make it impossible to do business in New York.
Since when has New York been particularly careful as to keeping itself appealing to be doing business in? (That’s a hell of a sentence grammatically)
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