Information Privacy and Corporate Power: Towards a Re-Imagination of Information Privacy Law
52 Pages Posted: 23 Aug 2006
This Article contends that that there is a fundamental dynamic involved in the information privacy landscape that has heretofore remained largely unexamined and has resulted in intractable problems in information privacy law and jurisprudence - namely, corporate power. More specifically, this Article argues that information privacy is governed not just by governmental law but also by corporations via private governance. Part I of this Article will briefly canvass the current state of information privacy law and jurisprudence. Part II argues that domestic and international legal regimes are governed not only by governments but also by private actors, including corporations. Part III presents three examples of corporations engaging in private governance of information privacy. Part IV addresses some of the implications of the private governance model as applied to information privacy law.
Keywords: privacy, new governance, information privacy, corporations, corporate power
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