University of Miami Business Law Review


Megan Valent

Document Type



In the United States today, there is no single law to address the privacy concerns associated with the collection of consumer data. Lawmakers have introduced policies that seek to address data privacy at the federal level, but Congress has not yet acted to create a comprehensive law to protect consumers. On the contrary, in 2016, the European Union passed its General Data Protection Regulation to address the dangers associated with “Big Data” and to give consumers control over their data.

Unfortunately, in the United States consumers are often unaware of how their data is being handled and what is done with their data once a security breach has occurred. In Kaufman v. Google LLC, for instance, Ronnie Kaufman filed a class action lawsuit against Google for its alleged deceptive practices of tracking and storing location data after users apparently deactivated Google’s ability to track and store this data. According to the complaint, Google represented to the public and its users that it would not access user location history if users took certain steps in managing their privacy settings. Unfortunately, however, Kaufman alleged that Google continued to track and store her personal data.

This note analyzes the implications of the Big Data Era on individual privacy rights in the United States. It argues that companies should write “opt-out” privacy policies in a clear and comprehensible manner, so that consumers are completely aware of the ways in which personal data is being collected. If used correctly, big data is extremely beneficial to a functional society and to the business world. Yet, to preserve big data’s benefits, the United States must stop falling behind in its regulation.