Transatlantic data protection tensions continue to characterise the privacy world in 2016. However, there have been more than enough actual substantive developments in the US, EU and the rest of the world to provide much to talk about beyond the EU’s persistent concerns regarding the US government and private sector. Information law and digital policy privacy is currently so dynamic that it is difficult to predict future trends and key focal points for next year’s global regulators and enforcers.
Given the extent of policy development around the world, and the fact that many objectives for protecting the privacy and security of personal data are shared by most democratic countries, the world could benefit from greater international discussion and coordination at the ministerial level. Currently, privacy regulators and data protection authorities have relatively narrow mandates, and do not necessarily hold the institutional competence to address broad questions of social welfare, economic growth and technological innovation. They also do not hold responsibility for national security or law enforcement matters.
As more and more devices are connected to the internet, and as sensors, data analytics and complex algorithms about human behaviour become even more ubiquitous than they are today, a global digital dialogue could be increasingly imperative, or at least valuable.
Alan Raul is the founder and lead global coordinator of Sidley Austin LLP’s highly ranked privacy, data security and information law practice. He represents companies on federal, state and international privacy issues, including global data protection and compliance programmes, data breaches, cybersecurity, consumer protection issues and internet law. Mr Raul’s practice involves litigation and acting as counsel in consumer class actions and data breaches, as well as FTC, state attorney general, Department of Justice and other government investigations, enforcement actions and regulation. Mr Raul provides clients with perspective gained from extensive government service. He previously served as vice chair of the White House Privacy and Civil Liberties Oversight Board, general counsel of the Office of Management and Budget, general counsel of the US Department of Agriculture and associate counsel to the President. He currently serves as a member of the Data Security, Privacy & Intellectual Property Litigation Advisory Committee of the US Chamber Litigation Center (affiliated with the US Chamber of Commerce). Mr Raul has also served on the American Bar Association’s Cybersecurity Legal Task Force, by appointment of the ABA President, and currently remains an ex officio member. He is also a member of the Council on Foreign Relations. Mr Raul holds degrees from Harvard College, Harvard University’s Kennedy School of Government and Yale Law School.
The publisher acknowledges and thanks the following for their learned assistance throughout the preparation of this book: