Regulating Privacy

35 For others, privacy is principally a psychological condition of “being apart from others.”* Westin himself disaggregated the concept into four states of privacy: solitude, intimacy, anonymity, and reserve.37 Authors have now given up ...

Regulating Privacy

The information revolution has brought with it the technology for easily collecting personal information about individuals, a facility that inherently threatens personal privacy. Colin J. Bennett here examines political responses to the data protection issue in four Western democracies, comparing legislation that the United States, Britain, West Germany, and Sweden forged from the late 1960's to the 1980's to protect citizens from unwanted computer dissemination of personal information. Drawing on an extensive body of interviews and documentary evidence, Bennett considers how the four countries, each with different cultural traditions and institutions, formulated fair information policy. He finds that their computer regulatory laws are based on strikingly similar statutory principles, but that enforcement of these principles varies considerably: the United States relies on citizen initiative and judicial enforcement; Britain uses a registration system; Germany has installed an ombudsman; and Sweden employs a licensing system. Tracing the impact of key social, political, and technological factors on the ways different political systems have controlled the collection and communication of information, Bennett also deepens our understanding of policymaking theory. Regulating Privacy will be welcomed by political sciences—especially those working in comparative public policy, American politics, organization theory, and technology and politics—political economists, information systems analysts, and others concerned with issues of privacy.

Regulating Privacy

Tracing the impact of key social, political, and technological factors on the ways different political systems have controlled the collection and communication of information, Bennett also deepens our understanding of policymaking theory.

Regulating Privacy

The information revolution has brought with it the technology for easily collecting personal information about individuals, a facility that inherently threatens personal privacy. Colin J. Bennett here examines political responses to the data protection issue in four Western democracies, comparing legislation that the United States, Britain, West Germany, and Sweden forged from the late 1960's to the 1980's to protect citizens from unwanted computer dissemination of personal information. Drawing on an extensive body of interviews and documentary evidence, Bennett considers how the four countries, each with different cultural traditions and institutions, formulated fair information policy. He finds that their computer regulatory laws are based on strikingly similar statutory principles, but that enforcement of these principles varies considerably: the United States relies on citizen initiative and judicial enforcement; Britain uses a registration system; Germany has installed an ombudsman; and Sweden employs a licensing system. Tracing the impact of key social, political, and technological factors on the ways different political systems have controlled the collection and communication of information, Bennett also deepens our understanding of policymaking theory. Regulating Privacy will be welcomed by political sciences--especially those working in comparative public policy, American politics, organization theory, and technology and politics--political economists, information systems analysts, and others concerned with issues of privacy.

Regulating the Cloud

Privacy Legislation in the United States In the United States, the “right to privacy” is historically and legally rooted in the Fourth Amendment, which provides, “The right of the people to be secure in their persons, houses, papers, ...

Regulating the Cloud

The emergence of the cloud as infrastructure: experts from a range of disciplines consider policy issues including reliability, privacy, consumer protection, national security, and copyright. The emergence of cloud computing marks the moment when computing has become, materially and symbolically, infrastructure—a sociotechnical system that is ubiquitous, essential, and foundational. Increasingly integral to the operation of other critical infrastructures, such as transportation, energy, and finance, it functions, in effect, as a meta-infrastructure. As such, the cloud raises a variety of policy and governance issues, among them market regulation, fairness, access, reliability, privacy, national security, and copyright. In this book, experts from a range of disciplines offer their perspectives on these and other concerns. The contributors consider such topics as the economic implications of the cloud's shifting of computing resources from ownership to rental; the capacity of regulation to promote reliability while preserving innovation; the applicability of contract theory to enforce service guarantees; the differing approaches to privacy taken by United States and the European Union in the post-Snowden era; the delocalization or geographic dispersal of the archive; and the cloud-based virtual representations of our body in electronic health data. Contributors Nicholas Bauch, Jean-François Blanchette, Marjory Blumenthal, Sandra Braman, Jonathan Cave, Lothar Determann, Luciana Duranti, Svitlana Kobzar, William Lehr, David Nimmer, Andrea Renda, Neil Robinson, Helen Rebecca Schindler, Joe Weinman, Christopher S. Yoo

Privacy and Security in the Digital Age

Regulating. privacy. enhancing. technologies: seizing. the. opportunity. of. the. future. European. Data. Protection. Framework. Gerrit. Hornung. Chair of Public Law, IT Law and Legal Informatics, University of Passau, Innstr. 39, ...

Privacy and Security in the Digital Age

Privacy and data protection are recognized as fundamental human rights. Recent developments, however, indicate that security issues are used to undermine these fundamental rights. As new technologies effectively facilitate collection, storage, processing and combination of personal data government agencies take advantage for their own purposes. Increasingly, and for other reasons, the business sector threatens the privacy of citizens as well. The contributions to this book explore the different aspects of the relationship between technology and privacy. The emergence of new technologies threaten increasingly privacy and/or data protection; however, little is known about the potential of these technologies that call for innovative and prospective analysis, or even new conceptual frameworks. Technology and privacy are two intertwined notions that must be jointly analyzed and faced. Technology is a social practice that embodies the capacity of societies to transform themselves by creating the possibility to generate and manipulate not only physical objects, but also symbols, cultural forms and social relations. In turn, privacy describes a vital and complex aspect of these social relations. Thus technology influences people’s understanding of privacy, and people’s understanding of privacy is a key factor in defining the direction of technological development. This book was originally published as a special issue of Innovation: The European Journal of Social Science Research.

Self regulation and privacy online a report to Congress

1998 Report at 42; Commission testimony on Consumer Privacy on the World Wide Web before the House Subcommittee on ... that then-nascent self-regulatory efforts did not result in widespread implementation of self-regulatory protections.

Self regulation and privacy online a report to Congress


The Economics and Regulation of Financial Privacy

... An Economic Theory of Privacy Regulation 19–26 Posner R (1979) Privacy Secrecy and Reputation Buffalo Law Review 28: 1–55 Posner R (1981) The Economics of Privacy American Economic Review 71 (2): 405–409 Pratt S (2003) Statement of ...

The Economics and Regulation of Financial Privacy

This book provides the first in-depth analysis of the topic, offering an international comparison of credit reporting systems. Coverage includes competition in information markets, the microeconomics of information and privacy, and economic incentives to disclose or to conceal information. The book examines the history of credit reporting agencies and the regulation of privacy and credit reporting around the world. Finally, it surveys the effects of credit reporting in credit markets worldwide.

The Regulation of Privacy and Data Protection in the Use of Electronic Health Information

An International Perspective and Reference Source on Regulatory and Legal Issues Related to Person-identifiable Health Databases Roberto J. Rodrigues, ... Best Principles for Health Policy, a Report of the Health Privacy Working Group.

The Regulation of Privacy and Data Protection in the Use of Electronic Health Information

This book, written by experts from PAHO, the European Commission, and the East Caroline University School of Medicine, review the fundamental concepts related to the technical and legal aspects of data protection and summarize the scope and degree of impl

Digital Places

5 David H. Flaherty , Protecting privacy in surveillance societies : The Federal Republic of Germany , Sweden ... Colin J. Bennett , Regulating privacy : Data protection and public policy in Europe and the United States ( 1992 ) .

Digital Places

By offering an understanding of Geographic Information Systems within the social, economic, legal, political and ethical contexts within which they exist, the author shows that there are substantial limits to their ability to represent the very objects and relationships, people and places, that many believe to be most important. Focusing on the ramifications of GIS usage, Digital Places shows that they are associated with far-reaching changes in the institutions in which they exist, and in the lives of those they touch. In the end they call for a complete rethinking of basic ideas, like privacy and intellectual property and the nature of scientific practice, that have underpinned public life for the last one hundred years.

The U S Supreme Court and Contemporary Constitutional Law The Obama Era and Its Legacy

regulatory convergence or even to the emergence of shared constitutional standards.2 Under the Obama Presidency, however, ... and divergences of EU and U.S. infor‐mational privacy law see only Colin J. Bennett, Regulating Privacy.

The U S  Supreme Court and Contemporary Constitutional Law  The Obama Era and Its Legacy

Der Oberste Gerichtshof der USA hat gerade während der Regierungszeit Barack Obamas das amerikanische Verfassungsrecht durch mehrere wegweisende Urteile neu geprägt. Der vorliegende Band vereint Beiträge renommierter Verfassungsrechtler aus den USA und Europa, die die Entwicklungen während der Obama-Regierung und ihre anhaltende Bedeutung rekonstruieren, analysieren und erklären.

Protectors of Privacy

The book presents a theory of regulatory development that highlights the role of transgovernmental networks not only in implementing rules but also in actively shaping the political process surrounding policymaking.

Protectors of Privacy

From credit-card purchases to electronic fingerprints, the amount of personal data available to government and business is growing exponentially. All industrial societies face the problem of how to regulate this vast world of information, but their governments have chosen distinctly different solutions. In Protectors of Privacy, Abraham L. Newman details how and why, in contrast to the United States, the nations of the European Union adopted comprehensive data privacy for both the public and the private sectors, enforceable by independent regulatory agencies known as data privacy authorities. Despite U.S. prominence in data technology, Newman shows, the strict privacy rules of the European Union have been adopted far more broadly across the globe than the self-regulatory approach championed by the United States. This rift has led to a series of trade and security disputes between the United States and the European Union. Based on many interviews with politicians, civil servants, and representatives from business and NGOs, and supplemented with archival sources, statistical analysis, and examples, Protectors of Privacy delineates the two principal types of privacy regimes-comprehensive and limited. The book presents a theory of regulatory development that highlights the role of transgovernmental networks not only in implementing rules but also in actively shaping the political process surrounding policymaking. More broadly, Newman explains how Europe's institutional revolution has created in certain sectors the regulatory capacity that allows it to challenge U.S. dominance in international economic governance.

Consumer Health Informatics

9.7 ATTEMPTS TO REGULATE PRIVACY AND SECURITY OF SMART HOMES Protection of smart medical home residents against data breaches and unauthorized use of their data should not be left to the good will of the marketplace.

Consumer Health Informatics

"An engaging introduction to an exciting multidisciplinary field where positive impact depends less on technology than on understanding and responding to human motivations, specific information needs, and life constraints." -- Betsy L. Humphreys, former Deputy Director, National Library of Medicine This is a book for people who want to design or promote information technology that helps people be more active and informed participants in their healthcare. Topics include patient portals, wearable devices, apps, websites, smart homes, and online communities focused on health. Consumer Healthcare Informatics: Enabling Digital Health for Everyone educates readers in the core concepts of consumer health informatics: participatory healthcare; health and e-health literacy; user-centered design; information retrieval and trusted information resources; and the ethical dimensions of health information and communication technologies. It presents the current state of knowledge and recent developments in the field of consumer health informatics. The discussions address tailoring information to key user groups, including patients, consumers, caregivers, parents, children and young adults, and older adults. For example, apps are considered as not just a rich consumer technology with the promise of empowered personal data management and connectedness to community and healthcare providers, but also a domain rife with concerns for effectiveness, privacy, and security, requiring both designer and user to engage in critical thinking around their choices. This book’s unique contribution to the field is its focus on the consumer and patient in the context of their everyday life outside the clinical setting. Discussion of tools and technologies is grounded in this perspective and in a context of real-world use and its implications for design. There is an emphasis on empowerment through participatory and people-centered care.

Data Protection Around the World

This book provides a snapshot of privacy laws and practices from a varied set of jurisdictions in order to offer guidance on national and international contemporary issues regarding the processing of personal data and serves as an up-to ...

Data Protection Around the World

This book provides a snapshot of privacy laws and practices from a varied set of jurisdictions in order to offer guidance on national and international contemporary issues regarding the processing of personal data and serves as an up-to-date resource on the applications and practice-relevant examples of data protection laws in different countries. Privacy violations emerging at an ever-increasing rate, due to evolving technology and new lifestyles linked to an intensified online presence of ever more individuals, required the design of a novel data protection and privacy regulation. The EU General Data Protection Regulation (GDPR) stands as an example of a regulatory response to these demands. The authors included in this book offer an in-depth analysis of the national data protection legislation of various countries across different continents, not only including country-specific details but also comparing the idiosyncratic characteristics of these national privacy laws to the GDPR. Valuable comparative information on data protection regulations around the world is thus provided in one concise volume. Due to the variety of jurisdictions covered and the practical examples focused on, both academics and legal practitioners will find this book especially useful, while for compliance practitioners it can serve as a guide regarding transnational data transfers. Elif Kiesow Cortez is Senior Lecturer at the International and European Law Program at The Hague University of Applied Sciences in The Netherlands.

Creditworthiness and Responsible Credit

98 99 100 101 See for example, ex multis, Jappelli et al (n 1); and more generally, C Bennett, Regulating Privacy-Data Protection and Public Policy in Europe and the United States (Cornell University Press 1992); LB Pincus, R Johns, ...

Creditworthiness and  Responsible Credit

In this comparative study in US and EU law, Noah Vardi questions whether there is a legally enforceable duty to lend and borrow credit in a “responsible” manner and clarifies the associated notion of “creditworthiness.”

Communications Regulation

facilitating that community , it places a premium on protecting the consumer's experience and privacy.22 Surely , increasing unwanted exposure of its subscribers to unwanted IM contact from others is not necessarily nefarious .

Communications Regulation


Employment Regulation in the Workplace

Privacy expectations of employees in boththepublic and private sectors have increased with the expansion of employeerights inthe workplace. However, there is still agood deal of misconception about what privacy might truly exist ...

Employment Regulation in the Workplace

This textbook acquaints readers with the major federal statutes and regulations that control management and employment practices in the American workplace. The material is presented from the perspective that the human resource professional is the employer's representative and is, therefore, responsible for protecting the employer's interests and reducing the employer's exposure to litigation through monitoring activities and viable employee policies. The book is designed as a tool for today's business and management professionals, and unlike some other texts in the field, maintains a pro-business or pro-management approach. The authors have skilfully crafted Employment Regulation in the Workplace to be an effective learning tool. Each chapter opens with learning objectives and an example scenario, and each chapter contains plenty of illustrative figures, boxes, and diagrams. Chapters conclude with a listing of key terms, questions for discussion, and two case exercises. The book also includes a comprehensive bibliography.

Regulating the Media

However , although the press has been prompted to adopt self - regulation as a defensive tactic in resisting legislation , the media's overall experience of privacy regulation shows that there will continue to be a need for special ...

Regulating the Media

International Company and Commercial Law Review provides corporate and commercial lawyers with analysis on recent developments in international company and commercial law. Contains articles, analyses, book reviews and a news section with contributions from over 30 country correspondents from around the world

Information and Public Choice

Self-regulation works because the publishers are committed to it and because the state authorities do not ... In the same way, any private law regulating privacy or the right of the personality would not be viable in the British context ...

Information and Public Choice

The ability of the media to affect outcomes in economic and political markets has been well documented. News reporting and advertising influence consumer behavior in goods and services markets by revealing (or selectively revealing) information about a product, acting as agenda setters to influence consumer demand, or enhancing competition in markets by alerting consumers to substitutes. In political markets, they can affect behavior by informing voters about a politician's views or actions, enlightening citizens to outcomes of public policy, or taking a stance on political, social, or economic issues. For businesses, households, and most others, the media is the main source of information on public policy choices and current social and economic conditions. As a result, what news the media chooses to gather, analyze and disseminate--and the slant they choose to put on what they report--is of consequence. 'Information and Public Choice' addresses the factors that affect the content and reach of news coverage as well as its impact on public policy. The book addresses both market constraints that affect media--particularly news content--and the impact that news reporting has on economic and political choices. The authors examine a range of issues, including bias or slant in media reporting, the impact of markets and nonmarket factors on news reporting, and the role of government regulation of the media sector in developing countries. The studies in this volume provide new evidence and a good summary of previous research on the power of the media. An invaluable guide for those concerned about the impact of media on economic and political outcomes, 'Information and Public Choice' draws attention to an under-researched yet important area of economics.

Perspectives on Privacy

Due to rapid developments in the communication sector, the right to privacy faces new challenges.

Perspectives on Privacy

Due to rapid developments in the communication sector, the right to privacy faces new challenges. The increasing digitization and internationalization of communication processes have raised a number of issues, and lead to conflicts wherever national legal systems and moral concepts collide. Particularly in the areas of data protection and liability of online service providers, universal approaches are required. This title presents positions of specialists in Europe, Australia, the US and Canada which contribute to the international dialogue and thereby offer a starting point for a sustainable policy for the protection of privacy rights

Santa Clara Computer and High technology Law Journal

laws focused upon specific types of bad acts,2 with (b) a reliance upon industry "self-regulation" to develop general standards and build a consensus for privacy in the on-line world.3 But, as consumers take to the Internet with ...

Santa Clara Computer and High technology Law Journal