PDF Ebook Privacy on the Ground: Driving Corporate Behavior in the United States and Europe (Information Policy)

PDF Ebook Privacy on the Ground: Driving Corporate Behavior in the United States and Europe (Information Policy)

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Privacy on the Ground: Driving Corporate Behavior in the United States and Europe (Information Policy)

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Review

Gathering the insights of privacy leaders across the globe, Bamberger and Mulligan expose the anatomy of modern privacy practice. Their findings confirm many of our intuitions, and also reveal some surprises, about managing privacy inside a company. Here is an essential truth: how we define privacy and how we protect it emerge from the crucible of law, government infrastructure, civil discourse, and professional practice.―Nicole A. Wong, former White House Deputy CTO for Internet, Privacy, and Innovation Policy; former Vice President and Deputy Counsel, Google; and former Legal Director for Products, TwitterA welcome contribution to the international debate on more effective privacy and personal data protection in the digital age.―Peter Hustinx, European Data Protection Supervisor, 2004–2014Bamberger and Mulligan's meticulously researched book shows that we should not give up on privacy. The book drives home the reality that, although the US and EU systems take divergent approaches to protecting privacy, their aspirational goals are identical―to ensure that individuals have control over their personal information but also to allow businesses to innovate in ways that benefit consumers. As Bamberger and Mulligan make clear, it is time that the United States and the European Union recognize their shared heritage and goals, and work together to rectify the flaws that undermine privacy protection on both sides of the Atlantic. This is truly a must-read for anyone involved in privacy policy today―and tomorrow.―Jon Leibowitz, former Chairman, Federal Trade Commission, and Partner, Davis Polk & Wardwell LLPPrivacy on the Ground is a deep and insightful account of the unwritten law of privacy, crafted from the way that privacy professionals steer internal governance of privacy within companies. The rise of the privacy profession has had as great an impact on privacy today as any law. Privacy on the Ground shows us that law isn't self-executing but depends upon people who must navigate and change the culture and structure of their institutions. This book is the definitive scholarly analysis of the role of privacy professionals in the United States and in Europe.―Daniel J. Solove, John Marshall Harlan Research Professor of Law, George Washington University Law School, and President and CEO, TeachPrivacyPrivacy continues to confound policymakers around the globe. Our current framework of individual control has struggled to keep up with the privacy challenges presented by technological advances in the global information economy. Many great minds have taken up the task of finding better answers. Yet the issue persists and the gap between the bleeding edge of innovation and the lagging capability of our public policies to manage privacy only widens. Into this debate, Bamberger and Mulligan have provided a remarkably fresh and clear-eyed view of what is actually happening on the ground in privacy management. Organizations, both public and private, have invested in managing the issue of privacy and, in doing so, have built a new profession. Bamberger and Mulligan examine the rise of the privacy profession and find remarkable differences (and similarities) in key jurisdictions. Their extensive interviews with professionals in privacy leadership roles reveal something that public policy debates over privacy desperately need: an understanding of what works, what doesn't, and how organizations are actually responding to regulatory structures. Privacy on the Ground thus becomes a critical contribution to our understanding of privacy in society today. By examining the explosive growth of the privacy field within organizations, Bamberger and Mulligan have given us a new lens through which to view this issue―one with remarkable clarity and focus. Anyone struggling to understand privacy in today's digital world should keep this book within reach.―J. Trevor Hughes, CEO and President, International Association of Privacy Professionals

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About the Author

Kenneth A. Bamberger is Professor of Law at the University of California, Berkeley, and Codirector of the Berkeley Center for Law and Technology.

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Product details

Series: Information Policy

Hardcover: 352 pages

Publisher: The MIT Press; 1 edition (October 23, 2015)

Language: English

ISBN-10: 0262029987

ISBN-13: 978-0262029988

Product Dimensions:

6 x 0.8 x 9 inches

Shipping Weight: 1.6 pounds (View shipping rates and policies)

Average Customer Review:

3.5 out of 5 stars

4 customer reviews

Amazon Best Sellers Rank:

#605,928 in Books (See Top 100 in Books)

This work reflects 8 years of research and interviews with 53 chief privacy officers (CPOs) and 26 other stakeholders in the privacy realm. It provides rich lessons for regulators, policymakers, privacy advocates, and in particular, CPOs. The work is a must read for any CPO—chapter 9 is essentially a blueprint to set up a privacy structure within a company that will be successful.More broadly, this effort yields surprising results on what constitutes efficacious privacy protection. Traditionally, privacy advocates and regulators push for more detailed, comprehensive privacy rules. The authors find that such an approach disempowers pro-privacy forces within institutions, and leads to a compliance rather than a leadership mentality. But the message is not as simple as the US approach is better than others. This book deepens the understanding of regulatory approaches by studying privacy implementation in the UK, Germany, Spain, and France. The authors find that two very different systems—the US and Germany—have created the conditions for privacy leadership. Key to this is the idea that regulatory mandates in these countries are both ambiguous yet are enforceable, thus creating accountability; that privacy officers in the two countries have power, independence, and a consultative role with outside parties; that there is transparency in enforcement and in privacy failures (security breach notification); and that CPOs as a group have become a professional body. The duo concludes that regulatory efforts that “keep them (CPOs) on their toes” rather than displace them with compliance-oriented, detailed regulatory postures, are crucial to protection of privacy.

I did not find this book useful at all

Many countries take the approach that the best ways to solve problems are via regulations. In some cases, that will work. In others, these regulations are simply a penalty that everyone must bear; think TSA. When it comes to information security and privacy laws and regulations, often those perpetrating the crimes are impervious to any or regulation.In Privacy on the Ground: Driving Corporate Behavior in the United States and Europe, authors Kenneth Bamberger and Deirdre Mulligan have written a well-researched and compelling study on global privacy practices. In it, they’ve interviewed numerous chief privacy officers (CPO), regulators, engineers and others in the United States, France, Germany, UK and Spain. If you know a CPO, this book should be on their wish list.Much of the book is spent comparing and contrasting how privacy is done in each of these countries. In addition, the authors show what best practices, regulations, and laws can be most effective.Data and personal privacy have long been important. With that rise of big data and its ensuing analytics, combined with IoT gathering key pieces of personal data; privacy in 2016 is an imperative.The goal of the authors with these interviews was to understand what privacy professionals did right and wrong, and create a set of best practices that the reader can implement.Bamberger is a professor at the Berkeley School of Law, while Mulligan is an associate professor in the School of Information and a co-director of the Berkeley Center for Law & Technology, and as such, the book has a bit of an academic feel.A key point the book makes is that at the corporate level, privacy isn’t something that can be the responsibility of a single department or individual. The nature of privacy is such that for it to be taken seriously and the underlying data secured; it needs to be embedded into an organizations DNA, and fully integrated into all applications and technologies.There are a lot of ways to do privacy wrong, which unfortunately too many countries and enterprises do. For those concerned about personal privacy, and how to ensure effective privacy principles are implemented, Privacy on the Ground: Driving Corporate Behavior in the United States and Europe will help get them there.

Too often, discussions of privacy law and policy take place at a theoretical level and look only at what privacy rules are "on the books." Understanding what companies are actually doing -- not only to respond to law and regulation, but also to build customer trust and protect reputations -- is (or should be) a critical part of any policy discussions. This important work helps close the gap between theory and reality. Well-written, thoroughly researched, and very readable, this book should be on the desk of any person with an interest in privacy protections in the private sector.

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