Fair Information Principles

Chris Hoofnagle of Berkeley Law has just published arguably the single most important archive in privacy today: it is the transcripts of six of the HEW meetings in the early 197os that formed the origins of today’s Fair Information Practices. FIPs have now for 40 years formed the cornerstone of most of the privacy laws passed globally. Long lost to the dust of time, the original hearing transcripts have never been available online, and even access to the paper versions have not been widely available.

Arizona School of Law — Pam Dixon participated as a discussant and contributor to the Arizona School of Law’s private workshop on the topic of the future of privacy. Key areas of discussion included the European Union’s Right to be Forgotten proposal, consent and health privacy, and Do Not Track.

Webinar — This Thursday, Pam Dixon will be presenting the consumer privacy perspective for a DMA Webinar on data innovation. While marketers are interested in innovating to use consumer data, consumers have real privacy concerns that need to be addressed. Dixon will present some of the key implications.

Is there any reason to think that privacy self-regulation will work today when it did not work in the past? Privacy self-regulation done in the same way that it has been done in the past, without sufficient consumer participation, and with the same goals of simply evading real regulation and effective privacy controls will continue to fail.

Comments on EASA –The World Privacy Forum submitted comments today on the European Advertising Standards Alliance’s Best Practice Recommendation on Online Behavioural Advertising. Our comments focus upon three key areas: First, the EASA recommendation fails to recognize the protection of consumer privacy in Online Behavioral Advertising (OBA) as a key policy goal. Second, the recommendation’s protections are narrow, creating illusory protections for user privacy, whether or not they opt out of OBA. Finally, we critique the oversight and compliance mechanisms, which are not likely to foster consumer confidence nor police the industry. Drawing upon the WPF’s 2007 report, The NAI: Failing at Consumer Protection and at Self-Regulation, the comments argue that EASA’s approach suffers from the same weaknesses as self-regulatory approaches deployed in the United States, and that European lawmakers should not replicate the failed American approach. Law students from the Samuelson Law, Technology & Public Policy Clinic helped draft the comments as part of an ongoing project on consumer privacy and OBA.