the governance of privacy :
DESCRIPTION
The Governance of Privacy :. Policy Instruments in Global Perspective (Ashgate Press, 2003). Colin Bennett, Department of Political Science, University of Victoria [email protected] http://web.uvic.ca/polisci/bennett Charles D. Raab, University of Edinburgh [email protected]. - PowerPoint PPT PresentationTRANSCRIPT
The Governance of PrivacyThe Governance of Privacy:
Policy Instruments in Global Policy Instruments in Global PerspectivePerspective
(Ashgate Press, 2003)
Colin Bennett, Department of Political Science, University of Victoria
http://web.uvic.ca/polisci/bennett
Charles D. Raab, University of Edinburgh
5 Hypotheses
The Problems with the “Privacy Paradigm”
The Shift from Privacy Law to Privacy Instruments
The Emergence of the Privacy Regime
The Trading-Up of Standards, not Results
The Resilience of the Privacy Concept
The Privacy Paradigm
Privacy is an Individual Right
Privacy is something that “we” once had, that is “now” being eroded
The source of the privacy problem is structural
Privacy obligations stem from principles embodied in the laws of liberal democratic states
From Privacy Law to Privacy Instruments
Transnational InstrumentsRegulatory InstrumentsSelf-Regulatory Instruments
CommitmentsCodesStandardsSeals
Technological InstrumentsSystemicState-DirectedInstruments for Individual Empowerment (PETs)
THE TOOLBOX, THE MOSAIC, THE MIX, OR THE REGIME?
The Privacy Regime
One cannot separate the “instrument” from the agent that is using itThe scope of application is less determinateEnforceability is complex and contingentAccountability and Liability are complex and contingentThe Policy Community
Public and PrivateNational and TransnationalMore than “stakeholders”
Trading-Up?
The inherent conditions for a “race-to-the-bottom”
The evidence of a “race-to-the-top” or at least a “walk-to-the-top”
Why?Distinction between private and public sector practices
The Trading up of standards - not practices
The complexity of the “privacy pay-off”
The Resilience of “Privacy”
The Sociological CritiquePrivacy reinforces individuation
Privacy does not address categorical discrimination
Privacy conflated with security
Privacy policy legitimates surveillance