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- Title
"IP" SO FACTO? NOT SO FASTO: WHY IP ADDRESSES SHOULD NOT BE CONSIDERED PII.
- Authors
LACHANCE, TIM
- Abstract
Privacy law is an expansive and growing practice area, and there is much debate about how far the right to privacy extends, including to what extent consumer privacy must be protected. With the advent of the internet age, and the subsequent explosion of consumer technology, the question of what personal information should be kept private, and how such privacy should be achieved has likewise become more and more complicated. Among these complications is the question of whether Internet Protocol (IP) addresses - the facilitators of all internet communications - should be considered Personally Identifiable Information (PII). Because IP addresses are inherently different from traditional PII in terms of (1) their dynamicity, (2) their definiteness, and (3) the potential risk of harm their disclosure poses, IP addresses should not be deemed PII. However, the law is a creature of compromise, and there may be room for a solution that protects IP addresses at the point where they are most vulnerable, while mitigating the potential liability of actors lacking the necessary knowledge or resources to properly protect them.
- Subjects
PRIVACY Act of 1974 (U.S.); INTERNET protocols; PERSONALLY identifiable information
- Publication
IDEA: The Intellectual Property Law Review, 2018, Vol 58, Issue 3, p303
- ISSN
0019-1272
- Publication type
Article