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Kirk Nahra Discusses Consumer Privacy in a Big Data World
Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, was quoted in a Super Lawyers special edition cover story, discussing if consumer privacy even exists anymore, in an ever-increasing world of big data and tracking. According to the article, U.S. privacy laws are so outdated that they do not help protect consumers from data breaches.
Mr. Nahra explained that “right now, and for the last 10 years or so, we have been moving toward more and more laws that deal with pieces of the puzzle: industry specific or practice-specific.” For example, data collected by health care providers could be used while delivering health care, but different rules would kick in when the company wants to use that data for marketing purposes.
According to the article, some companies have taken the position that they can use the data in any manner as long as they have consumer consent. Consumers, however, historically have not been good at “reading the fine print” of online agreements and protecting themselves. “There are lots of people who generally think consent in most situations is kind of pointless,” said Mr. Nahra. “That leads me to think we should have more laws and rules that tell companies what they can and can’t do, independent of any consent.”
To read the complete article, please click here.