CHAPTER 69

PRIVACY IN CYBERSPACE: U.S. AND EUROPEAN PERSPECTIVES

Henry L. Judy, Scott L. David, Benjamin S. Hayes, Jeffrey B. Ritter, and Marc Rotenberg

69.1 INTRODUCTION: WORLDWIDE TRENDS

69.1.1 Laws, Regulations, and Agreements

69.1.2 Sources of Privacy Law

69.2 EUROPEAN APPROACHES TO PRIVACY

69.2.1 History and Organization for Economic Cooperation and Development Principles

69.2.2 European Union Data Protection Directive 95/46/EC

69.2.3 Harmonization of Non–EU European Countries to the EU Directive

69.2.4 European Union Telecommunications Directive

69.2.5 Establishment of the European Data Protection Supervisor

69.3 UNITED STATES

69.3.1 History, Common Law Torts

69.3.2 Public Sector

69.3.3 Private Sector

69.3.4 State Legislation

69.4 COMPLIANCE MODELS

69.4.1 U.S. Legislation

69.4.2 U.S. Federal Trade Commission Section 5 Authority

69.4.3 Self-Regulatory Regimes and Codes of Conduct

69.4.4 Contract Infrastructure

69.4.5 Synthesis of Contracts, Technology, and Law

69.4.6 Getting Started: A Practical Checklist

69.5 FURTHER READING

69.6 NOTES

69.1 INTRODUCTION: WORLDWIDE TRENDS.

As information technology continues to develop, increased opportunities and incentives are created to collect information about individuals and to use that personal information for diverse and lucrative purposes. Some believe that, in a global information economy, the most economically valuable electronic asset will be aggregations of information on individuals. For over two decades, concerns regarding the ...

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