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December 9, 2024

“Propertizing” Privacy: Evaluating the Merits of a Property-Based Approach to Personal Data Protection

Decades into the Information Age, privacy continues to bedevil policymakers and businesses. Does treating personal information as common-law property offer a framework for thinking about privacy protection and maximizing consumer welfare? Or have experiments with injecting property into privacy legislation already proven it inapt? Recent law review articles fall on each side of the issue,…