Internet Privacy: Who Sets the Global Standard?

Rossi, Agustín

doi:10.1080/03932729.2014.875823

Cited by 5 publications

(3 citation statements)

References 8 publications

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“…Before venturing on to the examination of self-regulating platforms, we should stress that as a general matter technology is a de facto self-regulating force, best exemplified by Lessig's maxim of 'code is law' that reflects that often code, not law, reflects what individuals can and cannot do. 48 This has been confirmed in many respects, including data protection law 49 and is today proven true by the centrality of platforms' algorithms as governance actors. It can indeed not be denied that platforms have become the relevant 'rule-makers'.…”

Section: The Notion Of Self-regulationmentioning

confidence: 95%

Digital Regulation: Designing a Supranational Legal Framework for the Platform Economy

Finck

2017

SSRN Journal

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This paper examines digital data-driven platforms and their impact on contemporary regulatory paradigms. While these phenomena are increasingly proclaimed as paradigm altering in many respects, they remain relatively little understood, including in their regulatory dimension. Lawmakers around the globe including the European Commission are currently trying to make sense of these evolutions and determine how to regulate digital platforms. In its 2016 Communication on Online Platforms, the European Commission proposed various options for regulating the platform economy, including self-regulatory and co-regulatory models. The Commission's assumption that self-regulation or co-regulation can replace topdown legislative intervention in the platform economy forms the background of this paper, which examines these three options to determine their respective suitability. We shall conclude that as command-and-control regulation as well as self-regulation raise significant problems in their application to the platform economy, co-regulation emerges as the most adequate option if certain conditions are met

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Section: The Notion Of Self-regulationmentioning

confidence: 95%

Digital Regulation: Designing a Supranational Legal Framework for the Platform Economy

Finck

2017

SSRN Journal

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“…The resulting Safe Harbour compromise applied EU rules to US firms but via a self-regulatory approach. Since first being introduced in 1998, Safe Harbour has been the subject of much criticism, with several studies revealing serious compliance issues of many US firms handling personal data but not meeting the EU’s minimum requirements (European Commission 2002a, 2004; Rossi 2014, 70f).…”

Section: Explaining Patterns Of Support and Opposition For The Gdprmentioning

confidence: 99%

Choosing lobbying sides: the General Data Protection Regulation of the European Union

Atikcan

Chalmers

2018

J. Pub. Pol.

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Despite the impressive amount of empirical research on lobbying, a fundamental question remains overlooked. How do interest groups choose to lobby different sides of an issue? We argue that how groups choose sides is a function of firm-level economic activity. By studying a highly salient regulatory issue, the European Union’s General Data Protection Regulation (GDPR), and using a novel data set of lobbying activities, we reveal that a group’s main economic sector matters most. Firms operating in finance and retail face unique costs and are incentivised to lobby against the GDPR. However, these groups are outgunned by a large, heterogeneous group of firms with superior lobbying firepower on the other side of the issue.

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“…Yet individual users have been hardly the driving force that shapes privacy practices in the United States or other nation states. In fact, businesses, rather than governments or users, have been setting the effective standard of data collection and privacy practices (Rossi, 2014).…”

mentioning

confidence: 99%

“As We Grow, It Will Become a Priority”: American Mobile Start-Ups’ Privacy Practices

Chen

Huang

Miller

et al. 2018

American Behavioral Scientist

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Privacy has become a crucial issue of the digital age, with significant social, political, and economic ramifications. A growing body of literature has dedicated to the patterns, causes, and consequences of individuals’ privacy concerns, skills, and practices. Advancing a producer’s perspective, this research draws on in-depth interviews with 45 tech entrepreneurs to examine privacy practices of mobile start-ups in the United States. Results reveal (a) factors that contribute to the problematic status of privacy issues and (b) whether and how entrepreneurs leverage privacy management as a competitive advantage. Results show that data are widely seen by entrepreneurs as a potentially profitable asset. Privacy practices are networked and thus pose challenges for privacy management as different parties may have different privacy practices. Fast-moving technologies often leave government regulations behind, making them look outdated or irrelevant to many entrepreneurs. For most start-ups not specialized in identity, privacy, or anonymity service, privacy is neither a core business strategy nor a top concern. Only a few mobile ventures have leveraged privacy management as a competitive advantage and designed their products from the ground up concerned about privacy. Most entrepreneurs adopt a building-the-plane-while-flying-it approach: as business grows, privacy policies and practices would evolve. Many entrepreneurs fail to recognize the significance of privacy policies and practices as they lack the awareness, bandwidth, and capacity. Growth and monetization pressures from investors are perceived as more urgent and important than privacy and security issues. Offering a richer account of the power structure that shapes mobile entrepreneurs’ privacy practices and their challenges of managing privacy in a data-driven digital economy, our work advances the existing literature dominated by stories of the individual consumers.

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Internet Privacy: Who Sets the Global Standard?

Cited by 5 publications

References 8 publications

Digital Regulation: Designing a Supranational Legal Framework for the Platform Economy

Digital Regulation: Designing a Supranational Legal Framework for the Platform Economy

Choosing lobbying sides: the General Data Protection Regulation of the European Union

“As We Grow, It Will Become a Priority”: American Mobile Start-Ups’ Privacy Practices

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