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

American Enterprise Institute

December 9, 2024

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, offering a chance to assess the status of one alternative to US federal privacy legislation, which seems permanently just over the horizon and unlikely to “solve” privacy.

Join AEI’s Jim Harper, the University of Florida’s Jane Bambauer, George Mason University Antonin Scalia School of Law’s James Cooper, and St. Mary’s University School of Law’s Adam MacLeod for a discussion on the issues raised by the intersection of privacy and property.