1. The Governance of Privacy The Governance of Privacy: Policy Instruments in Global Perspective (Ashgate Press, 2003)

2. Colin Bennett, Department of Political Science, University of Victoria cjb@uvic.ca http://web.uvic.ca/polisci/bennett Charles D. Raab, University of Edinburgh c.d.raab@edinburgh.ac.uk

3. 5 Hypotheses The Problems with the “Privacy Paradigm” The Shift from Privacy Law to Privacy Instruments The Emergence of the Privacy Regime The Trading-Up of Standards, not Results The Resilience of the Privacy Concept

4. The Privacy Paradigm Privacy is an Individual Right Privacy is something that “we” once had, that is “now” being eroded The source of the privacy problem is structural Privacy obligations stem from principles embodied in the laws of liberal democratic states

5. From Privacy Law to Privacy Instruments Transnational Instruments Regulatory Instruments Self-Regulatory Instruments Commitments Codes Standards Seals Technological Instruments Systemic State-Directed Instruments for Individual Empowerment (PETs) THE TOOLBOX, THE MOSAIC, THE MIX, OR THE REGIME?

6. The Privacy Regime One cannot separate the “instrument” from the agent that is using it The scope of application is less determinate Enforceability is complex and contingent Accountability and Liability are complex and contingent The Policy Community Public and Private National and Transnational More than “stakeholders”

7. Trading-Up? The inherent conditions for a “race-to-the- bottom” The evidence of a “race-to-the-top” or at least a “walk-to-the-top” Why? Distinction between private and public sector practices The Trading up of standards - not practices The complexity of the “privacy pay-off”

8. The Resilience of “Privacy” The Sociological Critique Privacy reinforces individuation Privacy does not address categorical discrimination Privacy conflated with security Privacy policy legitimates surveillance