Opinion

The Global Competition Between Privacy Models

Countries around the world are struggling to decide whether to adopt data protection law based on the proposed EU Data Protection Regulation or to use a U.S. approach to privacy protection. As I observed firsthand during a recent trip to Japan, the result is competition in global data protection policy making, with the European Commission on the one side and the U.S. government on the other side, both lobbying other countries to follow their respective models.

More from Christopher Kuner

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Revenge Porn, Copyrights and Data Ownership: Where Does Our Data Begin and End?

By Jedidiah Bracy, CIPP/US, CIPP/E

There was an interesting article in The Atlantic Monthly this week about revenge porn and copyright law—and I’m hoping some of you out there can help me.

But first, let me step back.

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Opinion

Is A Criminal Statute Necessary To Supplement a Federal Breach Notification Law?

A few weeks ago, Jason Weinstein introduced Privacy Perspectives readers to Sen. Patrick Leahy’s (D-VT) Personal Data Privacy and Security Act of 2014, a bill that would enact a federal security breach notification law. While Weinstein’s position is well taken and should be considered as this bill moves through Congress, I believe that there is another issue that deserves considerable debate. In addition to creating the federal breach notification law, §102 of Leahy’s bill would open the door to criminal liability for anyone who “intentionally and willfully” conceals the fact of a security breach. Adding criminal liability is not to be taken lightly, and it would be wise for the information privacy and security community to think critically about whether the bill’s criminal statute would be a prudent addition.

More from Andrew Proia

Opinion

Do We Need A Constitutional Amendment Restricting Private-Sector Data Collection?

In an editorial in last Sunday’s New York Times (“Madison’s Privacy Blind Spot”), Jeffrey Rosen, a leading privacy scholar and the president and chief executive of the National Constitution Center, proposed “a constitutional amendment to prohibit unreasonable searches and seizures of our persons and electronic effects, whether by the government or by private corporations like Google and AT&T.”

More from Adam Thierer

Opinion

What a 21st Century Privacy Law Could—and Should—Achieve

By Phil Lee, CIPP/E, CIPM

It’s no secret that the EU’s proposed General Data Protection Regulation (GDPR) hangs in the balance. Some have even declared it dead (see here), though, to paraphrase Mark Twain, those reports are somewhat exaggerated. Nevertheless, 2014 will prove a pivotal year for privacy in the European Union: Either we’ll see some variant of the proposed regulation adopted in one form or another, or we’ll be heading back to the drawing board.

More from Phil Lee