Functional Privacy: A New Concept To Simplify Legal Analysis

Few concepts in law are as challenging as identity and privacy.

"Identity" is ubiquitous in law. It's relevant in contracts, evidence, title, intellectual property, agency, services and a host of other legal settings. The ambiguity and jurisdictional complexity of "privacy" results in complications and frictions in all sorts of communications, interactions and information-sharing arrangements.

Practicing attorneys and in-house counsel find it increasingly difficult to provide advice on privacy and digital identity issues in a world where legal authorities lag behind real-world information risks. The challenges continue to grow, as AI-fueled interactions are adopted by more individuals and organizations. How can practitioners deal with the gap between legal precedents in all jurisdictions and the potential risks upon which they provide advice? How is counsel supposed to guide corporate activity in the rapidly and continually changing face of the digital world?