ABSTRACT

This chapter discusses the relationships that do, or could, exist among all the parts of a privacy protection regime. Joel Reidenberg came closer still to an understanding of holistic privacy regimes by identifying specific interactions amongst state, business, technical and citizen mechanisms for regulating privacy, both online and offline. As platform for privacy preferences (P3P) illustrates, technological privacy instruments may relate only to online activities, but some others may cover broader areas of daily life. The scope of application of self-regulatory and technological instruments is determined not by any preconceived conception of legal sovereignty but by the myriad and unpredictable choices of data controllers and data subjects the world over. The policy community for self-regulation includes those operating in specific industries or sectors, sometimes along with regulatory bodies who are involved in co-regulatory modes. Other participants may also be present: consumer organizations and certain governmental interests that favour self-regulation rather than legislative approaches.