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6 - How Information Privacy Law Protects

from Part II - Information Privacy Law’s Concepts and Application

Published online by Cambridge University Press:  04 April 2020

Mark Burdon
Mark Burdon
Affiliation:
Queensland University of Technology
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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.

Keywords

information privacy lawdata protection lawprivacy principlesnotice and consentPersonally Identifiable Informationpersonal datapersonal informationfairnesspurpose specificationGDPR
Type
Chapter
Information
Digital Data Collection and Information Privacy Law , pp. 140 - 184
Publisher: Cambridge University Press
Print publication year: 2020

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