Though privacy advocates often cheer class-action lawsuits, such praise should be reconsidered, opines Santa Clara University High Tech Law Institute Director Eric Goldman in his essay "The Irony of Privacy Class Action Litigation." For example, most class actions typically require consumers to opt out of the suit, not opt in, which privacy advocates generally disapprove of in commercial settings. Further, consumers typically lack meaningful choice when it comes to opting out of a class-action suit, and class-action lawyers may sometimes advance their own agendas rather than their clients', Goldman writes, adding that if "enforcement will undercut the ideals encoded in the underlying privacy rights, perhaps privacy advocates aren't making real progress." Editor's note: For more on this topic, see "Empirical Analysis of Data Breach Litigation." (IAPP member login required.)
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