Opinion: How to design a US data privacy law
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The opinions in this piece do not necessarily reflect the views of Ars Technica.
In an earlier article, I discussed a few of the flaws in Europe’s flagship data privacy law, the General Data Protection Regulation (GDPR). Building on that critique, I would now like to go further, proposing specifications for developing a robust privacy protection regime in the US.
Writers must overcome several hurdles to have a chance at persuading readers about possible flaws in the GDPR. First, some readers are skeptical of any piece criticizing the GDPR because they believe the law is still too young to evaluate. Second, some are suspicious of any piece criticizing the GDPR because they suspect that the authors might be covert supporters of Big Tech’s anti-GDPR agenda. (I can assure readers that I am not, nor have I ever, worked to support any agenda of Big Tech companies.)
In this piece, I will highlight the price of ignoring the GDPR. Then, I will present several conceptual flaws of the GDPR that have been acknowledged by one of the lead architects of the law. Next, I will propose certain characteristics and design requirements that countries like the United States should consider when developing a privacy protection law. Lastly, I provide a few reasons why everyone should care about this project.
The high price of ignoring the GDPR
People sometimes assume that the GDPR is mostly a “bureaucratic headache”—but this perspective is no longer valid. Consider the following actions by administrato
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