A recent paper discusses the differences in privacy law between the United States and Europe, and how personally identifiable information (PII) is defined in US and EU privacy law.
In the paper Reconciling Personal Information in the United States and European Union, Paul M. Schwartz and Daniel J. Solove discuss and evaluate the EU Data Protection Directive and the proposed new regulation, both of which treat privacy as a fundamental right. This is contrasted with and the range of approaches in the United State where consumer protection and balancing privacy with efficient commercial transactions. The authors point out the difficulties these different approaches raise in transfers of data.
The paper moves on to discuss the concept of "PII 2.0" with there categories for regulation — information about an identified, or identifiable, or non-identifiable person. The authors argue that PII 2.0 is consistent with the underlying philosophies of both US and EU privacy law regimes, bridging the current gap between the these.
Posted on: 09 July 2013 at 18:23 hrs