The legal framework of data privacy, though certainly in flux, has come a long way over the past few decades. Looking across the international spectrum, we see common themes such as notification and consent, how or whether to limit onward transfers of personal data, the right to correct (or delete) erroneous information, etc. Given a recent New York court decision, perhaps we should consider another right one might reasonably associate with privacy: the right of standing.
From a corporate perspective, there is little downside in trying to facilitate the right of standing for customers and clients. This is in contrast with the trade-offs of limiting onward transfers, which may impact a company’s ability to monetize personal information. This trade-off between monetization and privacy may well lead many attorneys to suggest to their corporate clients that they limit their users’ privacy rights in their privacy policy and/or terms of service. In the case of facilitating a user’s right to attempt to quash a subpoena, however, the company has little to lose, and much to gain in terms of its customers’ trust, and general business goodwill.
