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Information Fiduciaries in the Digital Age

http://balkin.blogspot.com/2014/03/information-fiduciaries-in-digital-age.html

A fiduciary duty would limit the rights the company would otherwise enjoy to collect, collate, use and sell personal information about the end user. In particular, there would be no general First Amendment right to disclose sensitive data or use sensitive data to the disadvantage of the end user. (To be sure, such a right might exist in certain circumstances depending on how strong the fiduciary duty was and whether the duty allows waiver or consent to disclose in certain circumstances.) The online service provider would also have to consider whether its information practices created a conflict of interest and act accordingly. Moreover, the online service provider’s duties of loyalty and care might require it to disclose how it was using the customer’s personal information.