The Governance of Privacy :

1. The Governance of Privacy: Policy Instruments in Global Perspective (Ashgate Press, 2003)

2. Colin Bennett, Department of Political Science, University of Victoria • cjb@uvic.ca • http://web.uvic.ca/polisci/bennett • Charles D. Raab, University of Edinburgh • c.d.raab@edinburgh.ac.uk

3. 5 Hypotheses • The Problems with the “Privacy Paradigm” • The Shift from Privacy Law to Privacy Instruments • The Emergence of the Privacy Regime • The Trading-Up of Standards, not Results • The Resilience of the Privacy Concept

4. The Privacy Paradigm • Privacy is an Individual Right • Privacy is something that “we” once had, that is “now” being eroded • The source of the privacy problem is structural • Privacy obligations stem from principles embodied in the laws of liberal democratic states

5. From Privacy Law to Privacy Instruments • Transnational Instruments • Regulatory Instruments • Self-Regulatory Instruments • Commitments • Codes • Standards • Seals • Technological Instruments • Systemic • State-Directed • Instruments for Individual Empowerment (PETs) THE TOOLBOX, THE MOSAIC, THE MIX, OR THE REGIME?

6. The Privacy Regime • One cannot separate the “instrument” from the agent that is using it • The scope of application is less determinate • Enforceability is complex and contingent • Accountability and Liability are complex and contingent • The Policy Community • Public and Private • National and Transnational • More than “stakeholders”

7. Trading-Up? • The inherent conditions for a “race-to-the-bottom” • The evidence of a “race-to-the-top” or at least a “walk-to-the-top” • Why? • Distinction between private and public sector practices • The Trading up of standards - not practices • The complexity of the “privacy pay-off”

8. The Resilience of “Privacy” • The Sociological Critique • Privacy reinforces individuation • Privacy does not address categorical discrimination • Privacy conflated with security • Privacy policy legitimates surveillance