The Concerted Effort to Remove Data Collection Restrictions
Since the beginning, data privacy regulation has focused on collection, storage, and use. You can see it in the OECD Privacy Framework from 1980 (see also this proposed update).
Recently, there has been concerted effort to focus all potential regulation on data use, completely ignoring data collection. Microsoft’s Craig Mundie argues this. So does the PCAST report. And the World Economic Forum. This is lobbying effort by US business. My guess is that the companies are much more worried about collection restrictions than use restrictions. They believe that they can slowly change use restrictions once they have the data, but that it’s harder to change collection restrictions and get the data in the first place.
We need to regulate collection as well as use. In a new essay, Chris Hoofnagle explains why.
vas pup • September 12, 2014 8:22 AM
Good article. “Unreadable privacy notices and the inconvenient choice mechanisms were created by the very companies that want to encourage data sharing. Technologists designed systems to make privacy impossible, and now they say it is “pragmatic” to accept their legal proposal to solve the privacy problem.” This part is in particular relevant. Deregulation of big business (any type including data collection, banks, financial sector, etc.) never ever served interest of the general public average ‘Joe’). Time and again, Government generated regulations are the source of counterbalance of big business power and have to set up m i n i m u m level of protection. After that any business may implement more protection only as their way to be more competitive for customers.