In an op-ed for The Hill, McGill University Assistant Professor of Law Ignacio Cofone writes that the problem with privacy law worldwide is that "it ignores privacy harm." Cofone explains privacy regulations are "over-inclusive and under-inclusive at the same time" given that they respond to most claims but measure harm through "regulated conduct," which leads to misidentifying the harm. "As the U.S. builds on other countries' past experiences when building its own comprehensive privacy regulations, it may be time to bring back privacy harm as a distinguishing factor. It may be time for the harm-agnostic approach of privacy law to end," he writes.
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