Proposed as a ”group hug” on privacy principles between the EU and US, last week’s EU Privacy Event instead turned into an EU mandate to the US, “Our way or the highway.” This sentiment was capstoned when Francoise Le Bail, a representative of the European Commission, said that the US “cannot escape” the EU privacy rules.
For example, we asked the EU representatives if they would respect the outcome of our multi-stakeholder process. Jacob Kohnstamm of the Dutch Data Protection Authority said that even if the stakeholders agreed that the default for interest-based advertising is opt-out, the EU would not accept it. And Paul Nemitz of the European Commission would dismiss those results since a multi-stakeholder process is not necessarily a product of the people.
Even if the stakeholders agreed that the default for interest-based advertising is opt-out, the EU would not accept it.
This reaction was especially surprising given the US administration’s recent strides to appease EU privacy zealots by creating a Consumer Privacy Bill of Rights and a multi-stakeholder approach to implement it.
Such a result is especially disconcerting given that the EU has seen a 65% drop in the effectiveness of online advertising.
It’s fine to fence in countries that don’t innovate and create at the rate or with the skill of the US. But we should not allow the EU to create these artificial trade barriers.
Rather than waiting for the EU privacy zealots to come for our businesses and their $680 billion in revenue, we should take up the recommendations of Department of Commerce General Counsel, Cameron Kerry, and realize that the US and EU may not agree on privacy.
- Privacy Regulators: US and EU Will Take Different Approaches (pcworld.com)
- The Data Commissioner Who Cried Wolf (netchoice.org)