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Privacy on the Ground: Driving Corporate Behavior in the United States and Europe (Chapter 1)

Privacy on the Ground: Driving Corporate Behavior in the US and Europe (MIT 2015)

20 Pages Posted: 11 Feb 2017 Last revised: 12 Feb 2017

Kenneth A. Bamberger

University of California, Berkeley - School of Law

Deirdre K. Mulligan

University of California, Berkeley - School of Information

Date Written: November 1, 2015

Abstract

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 paper is the Introduction from the book, Privacy on the Ground: Driving Corporate Behavior in the US and Europe, an intensive five-nation study that 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.

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.

Keywords: Privacy, Corporate Compliance, Data protection, regulation, comparative regulation, Europe, Germany, France

JEL Classification: K20, K23, K42, L50

Suggested Citation

Bamberger, Kenneth A. and Mulligan, Deirdre K., Privacy on the Ground: Driving Corporate Behavior in the United States and Europe (Chapter 1) (November 1, 2015). Privacy on the Ground: Driving Corporate Behavior in the US and Europe (MIT 2015). Available at SSRN: https://ssrn.com/abstract=2914924

Kenneth A. Bamberger (Contact Author)

University of California, Berkeley - School of Law ( email )

Boalt Hall NA446
Berkeley, CA 94720-7200
United States
(510) 643-6218 (Phone)

HOME PAGE: http://www.law.berkeley.edu/faculty/profiles/facultyProfile.php?facID=5701

Deirdre K. Mulligan

University of California, Berkeley - School of Information ( email )

102 South Hall
Berkeley, CA 94720-4600
United States

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