IICJ Paper My Privacy is Better Than Yours: US and European Perspectives on Privacy Lisa Glover-Gardin, Senior Consulting Counsel, Quantum Corp, USA

Business is increasingly global. Relatively few transactions begin and end in a single country or single currency. Inseparable from the global flow of business is the flow of personal data (defined as “any information relating to an identified or identifiable natural person called the data subject”) – including name, address, credit card, national identity number to other non-public identifier which most of us would prefer not disclosed in a global forum. It has been said that the “[t]he protection of personal information entails complex benefit/cost trade-offs for both society and individuals.” There are abundant reasonable and appropriate uses of personal information by business wherein the consumer and the business derives economic value. Access to personal data improves service delivery and product efficiency. The challenge today is to develop cross border privacy and security policies and legislation which both facilitates commerce by seamlessly exchanging information and limits unintended disclosure of personal information. The importance of balancing information access and use is, however, viewed differently from either side of the Atlantic due in large part to different cultural origins of privacy law. This article seeks to explore in a general sense the underpinnings of informational privacy as viewed separately from the United States and Europe and its impact on current privacy law. The details of privacy law and its various requirements across jurisdictional boundaries are too complex to cover in this article. For discussion purposes, I have in large part generalized EU and American espousal of privacy without focus on the unique process and administrative schemes unique to each state.
Author
Lisa Glover-Gardin
Lisa Glover-Gardin concentrates her practice in international privacy, compliance, employment law and related matters. She has extensive experience advising internal clients on the multi-jurisdictional aspects of law and has worked to develop and implement company ethics and privacy programs and policies as well as training programs and follow-on monitoring. Ms. Glover-Gardin also advises on complex employment and commercial litigation, investigations and compliance issues worldwide. Ms. Glover-Gardin received her B.A. in Economics and M.S. in Business Administration from San Francisco State University, with honours. She earned her J.D. from Santa Clara University Law School where she was an American Jurisprudence award recipient and Law Faculty Scholar. Ms. Glover-Gardin has lived and travelled extensively and is admitted to practice in California, England and Wales. In addition to her law practice, Ms. Glover-Gardin is also active in her community and is currently serving a third term as Personnel Commissioner (Trustee) to the Hayward Unified School District. Ms. Glover-Gardin lives in Hayward, California with her family and wishes to thank Karra and Christopher for their endless patience throughout this process.
Company
Quantum Corp
Quantum Corporation during the last 30 years has become a proven global expert in data protection and big data management, providing specialized storage solutions for physical, virtual and cloud environments. Quantum has offices in more than 12 countries worldwide.
Country
USA More
Area of Law
Data Protection More
Business Sector
Data Protection More
Month Published
September 2012 More
Edition
Vol. 5, No. 20, Summer 2012 More
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