Seattle University law review · 2011 · 56 citations · 0 references
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LawPublic LawPublic PolicyDigital GovernmentRegulatory ComplianceRegulatory LawData PrivacyData ProtectionInvasion Of PrivacyPrivacy LawPrivacy PolicyState Privacy LawsData Privacy RegulationData Protection RegulationGovernment-platform Co-regulationMarket-based SolutionsPrivacyPrivacy Act Of 1974Privacy In E-commerce
The Internet poses grave new threats to information privacy, as search engines, websites, and ISPs collect, store, and sell users’ data, yet the debate over addressing this problem remains stalled between legislative and self‑regulatory approaches, with the EU having introduced a co‑regulatory model that has received little attention in the United States. This article proposes that a co‑regulatory model could transcend the frozen U.S. debate on online privacy. It identifies privacy threats, evaluates whether direct government regulation or market self‑regulation can address them, surveys theoretical literature on co‑regulation, and analyzes the EU statutes that implement this approach.
The Internet poses grave new threats to information privacy. Search engines collect and store our search queries; Websites track our online activity and then sell this information to others; and Internet Search Providers read the very packets of information through which we interact with the Internet. Yet the debate over how best to address this problem has ground to a halt, stuck between those who call for a vigorous legislative response and those who advocate for market solutions and self-regulation. In 1995, the European Union member states began to build a third approach into their data protection laws, one in which government and industry work together to develop and enforce privacy rules. This “co-regulatory” model could provide a way to transcend the frozen U.S. debate. However, it has received little attention in the United States and almost no analysis in the law review literature. This article identifies the threats to online privacy; evaluates whether direct government regulation or the market/self-regulation can adequately address these threats; surveys the theoretical literature on co-regulation; and describes and analyzes the statutes through which E.U. member states have implemented the co-regulatory approach. It provides the first comprehensive analysis of these laws in a U.S. law review and develops an original way of categorizing and understanding them.