UW Privacy Office

February 25, 2021

Privacy Harms

Source: SSRN Paper by Danielle Keats Citron, University of Virginia School of Law and Daniel J. Solove, George Washington University Law School, written Feb. 9, 2021

Privacy Harms

This article makes two central contributions. The first is the construction of a road map for courts to understand harm so that privacy violations can be tackled and remedied in a meaningful way. Privacy harms consist of various different types, which to date have been recognized by courts in inconsistent ways. We set forth a typology of privacy harms that elucidates why certain types of privacy harms should be recognized as cognizable. The second contribution is providing an approach to when privacy harm should be required. In many cases, harm should not be required because it is irrelevant to the purpose of the lawsuit.