The Governance of Privacy: Policy Instruments in Global Perspective

by Colin J. Bennett

Privacy protection, according to Colin Bennett and Charles Raab, involves politics and public policy as much as it does law and technology. Moreover, the protection of our personal information in a globalized, borderless world means that privacy-related policies are inextricably interdependent. In this updated paperback edition of The Governance of Privacy Bennett and Raab analyze a broad range of privacy policy instruments available to contemporary advanced industrial states, from government regulations and transnational regimes to self-regulation and privacy-enhancing technologies. They consider two possible dynamics of privacy regulation--a "race to the bottom," with competitive deregulation by countries eager to attract global investment in information technology, versus "a race to the top," with the progressive establishment of global privacy standards.Bennett and Raab begin by discussing the goals of privacy protection, the liberal and individualist assumptions behind it, and the neglected relationship between privacy and social equity. They describe and evaluate different policy instruments, including the important 1995 Directive on Data Protection from the European Union, as well as the general efficacy of the "top-down" statutory approach and self-regulatory and technological alternatives to it. They evaluate the interrelationships of these policy instruments and their position in a global framework of regulation and policy by state and non-state actors. And finally, they consider whether all of this policy activity at international, national, and corporate levels necessarily means higher levels of privacy protection.

354 pages, Paperback

First published September 25, 2003

Reviews

[Justin Lahey · Rating 4 out of 5]

As usual, full disclosure upfront. This was read for academic purposes. I dreaded reading it given the title and subject matter. But I ended up being pleasantly surprised by how much I enjoyed it. Of course, it was a bit dry at times. Overall, I found that Bennett and Raab did a great job of not only offering an overview of the challenges involved in trying to govern privacy, but they also provided several very useful takeaways in terms of considerations moving forward. Ironically, although this book was originally published in 2003, and even though some of its content is a bit dated, it is quite surprising how much of it is still very much applicable and useful. A great example that you can find useful information in older policy guidance books!