6 - How Information Privacy Law Protects

Summary

Chapter 6 investigates the different foundational structures and jurisdictional perspectives of information privacy law that involve EU, US and Australian legal frameworks. A historical perspective of information privacy law developments in each jurisdiction is provided based on three founding legal instruments for each jurisdiction. Historical development is important because it highlights that, although different jurisdictional laws are based on the same principled approach, different jurisdictions adopt different emphases. Two particularly emphases are examined: the type of regulated information that triggers regulatory response, namely, personally identifiable information in the US, and personal data in the EU and personal information in Australia. Information privacy law’s principled process of protection is also examined. Attention is given to collection principles as a means of outlining foundational differences between sectoral and comprehensive regimes of information privacy, particularly regarding the overt use of a notice and consent model.