Privacy On The Ground: Driving Corporate Behavior In The United States And Europe

Hardcover | October 23, 2015

byKenneth A. Bamberger, Deirdre K. Mulligan

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Barely a week goes by without a new privacy revelation or scandal. Whether by hackers or spy agencies or social networks, violations of our personal information have shaken entire industries, corroded relations among nations, and bred distrust between democratic governments and their citizens. Polls reflect this concern, and show majorities for more, broader, and stricter regulation -- to put more laws "on the books." But there was scant evidence of how well tighter regulation actually worked "on the ground" in changing corporate (or government) behavior -- until now.

This intensive five-nation study goes inside corporations to examine how the people charged with protecting privacy actually do their work, and what kinds of regulation effectively shape their behavior. And the research yields a surprising result. The countries with more ambiguous regulation -- Germany and the United States -- had the strongest corporate privacy management practices, despite very different cultural and legal environments. The more rule-bound countries -- like France and Spain -- trended instead toward compliance processes, not embedded privacy practices. At a crucial time, when Big Data and the Internet of Things are snowballing, Privacy on the Ground helpfully searches out the best practices by corporations, provides guidance to policymakers, and offers important lessons for everyone concerned with privacy, now and in the future.

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Barely a week goes by without a new privacy revelation or scandal. Whether by hackers or spy agencies or social networks, violations of our personal information have shaken entire industries, corroded relations among nations, and bred distrust between democratic governments and their citizens. Polls reflect this concern, and show major...

Kenneth A. Bamberger is Professor of Law at the University of California, Berkeley, and Codirector of the Berkeley Center for Law and Technology. Deirdre K. Mulligan is Associate Professor in the School of Information at the University of California, Berkeley, and Codirector of the Berkeley Center for Law and Technology.
Format:HardcoverDimensions:352 pages, 9 × 6 × 0.56 inPublished:October 23, 2015Publisher:The MIT PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0262029987

ISBN - 13:9780262029988

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Privacy continues to confound policymakers around the globe. Our current framework of individual control has struggled to keep up with the privacy challenges presented by technological advances in the global information economy. Many great minds have taken up the task of finding better answers. Yet the issue persists and the gap between the bleeding edge of innovation and the lagging capability of our public policies to manage privacy only widens. Into this debate, Bamberger and Mulligan have provided a remarkably fresh and clear-eyed view of what is actually happening on the ground in privacy management. Organizations, both public and private, have invested in managing the issue of privacy and, in doing so, have built a new profession. Bamberger and Mulligan examine the rise of the privacy profession and find remarkable differences (and similarities) in key jurisdictions. Their extensive interviews with professionals in privacy leadership roles reveal something that public policy debates over privacy desperately need: an understanding of what works, what doesn't, and how organizations are actually responding to regulatory structures. Privacy on the Ground thus becomes a critical contribution to our understanding of privacy in society today. By examining the explosive growth of the privacy field within organizations, Bamberger and Mulligan have given us a new lens through which to view this issue -- one with remarkable clarity and focus. Anyone struggling to understand privacy in today's digital world should keep this book within reach.