The Governance of Privacy

1 The Radical Transformation of Privacy 7
1.1 Introduction 7
1.2 Privacy as a process (I) 9
1.3 Type 1: privacy invasions as disclosure – continuous, ubiquitous, and emergent 15
1.4 Type 2: privacy invasions as profiling 18
1.5 Type 3: privacy invasion as manipulation 23
1.6 Type 4: privacy invasion as a collective problem 27
1.7 Privacy as a process (II): comparing the four types of privacy invasions 30

2 The Complexity of the Governance Challenge 33
2.1 Introduction 33
2.2 Victims and their many cost–benefit analyses 34
2.3 The object: data and the many uncertainties concerning data use 37
2.4 The spaghetti-like network of data-producing devices 40
2.5 The villain comes in many guises 43
2.6 Distribution cannot be distinguished from production 47
2.7 The addressee as victim and villain 49
2.8 The essence of the differences between then and now 51
2.9 The complexity of the governance challenge, summarized 53

3 An Introduction to Governance 55
3.1 Introduction 55
3.2 State, market, and society 55
3.3 The context and the inevitable unintended effects 59
3.4 The dynamics of underlying norms 61
3.5 When to use instruments: upstream or downstream? 64
3.6 Resilient governance 74

4 The Power of the State 79
4.1 Introduction 79
4.2 From prescriptive- to goal-based regulation 79
4.3 From substantive regulation to procedural regulation 85
4.4 From imposed to negotiated regulation 89
4.5 From direct to indirect regulation 95
4.6 From instrumental to institutional regulation 99
4.7 The essence of resilience-based regulation 103
4.8 Conditions for regulation based on resilience-capacity and infrastructure building 105

5 The Power of the Market 109
5.1 Introduction 109
5.2 Competing on privacy 110
5.3 The pricing and taxing of data 115
5.4 Challenging the business proposition and, therefore, the business model 126
5.5 Creating barriers in the data-journey—breaking up companies 133
5.6 The power of the market and resilience 142

6 The Power of Society 145
6.1 Introduction 145
6.2 Empowerment upstream 145
6.3 Patterns: locking-in and locking-out 154
6.4 Empowerment downstream: how can a user weaponize against locking-in and locking-out? 168
6.5 Resilience and the role of government 179

7 Reflections 181

References 187