Un obbligo di lealtà per il diritto della privacy

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 people’s data and online experiences to be loyal to those who trust them. But many have concerns about a duty of loyalty that arises in information relationships because of users’ vulnerability, and what such a duty would require is not entirely clear. The Article suggests a duty of loyalty for personal information of users that answers the objections and draws upon existing – and in some cases ancient – precedent in other areas of American law. Data collectors bound by this duty of loyalty would be obligated to act in the best interests of people exposing their data and online experiences, up to the extent of their exposure.