Even as new possibilities for trade in personal information promise new avenues for the creation of wealth, this controversial market raises significant concerns for individual privacy-consumers and citizens are often unaware of, or unable to evaluate, the increasingly sophisticated methods devised to collect information about them. This Essay develops a model of propertized personal information that responds to concerns about privacy and evaluates it in the context of tracking chips. It sets out the five critical elements of such a model, which is intended to fashion a market for data trade that respects individual privacy and helps maintain a democratic order. These five elements are: limitations on an individual's right to alienate personal information; default rules that force disclosure of the terms of trade; a right of exit for participants in the market; the establishment of damages to deter market abuses; and institutions to police the personal information market and punish privacy violations. © 2006 Springer Science+Business Media, Inc.
CITATION STYLE
Schwartz, P. M. (2006). Privacy inalienability and personal data chips. In Privacy and Technologies of Identity: A Cross-Disciplinary Conversation (pp. 93–113). Springer Science and Business Media, LLC. https://doi.org/10.1007/0-387-28222-x_6
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