NEGATIVE-PRIVACY-SOLVENCY-GENERAL 113

SINGLE SECTOR PLANS STOP COMPREHENSIVE APPROACHES

A COMPREHENSIVE PROTECTION MODEL CANNOT EXIST WITH THE SECTORAL APPROACH

Suzanne M. Thompson, "The Digital Explosion Comes With a Cost: The Loss of Privacy," Journal of Technology Law and Policy, Spring 1999, 4 J. Tech. L. & Pol'y 3, EE2001-JGM, P.90

Electronic commerce will flourish only if we are able to agree to and implement fair information practices. n236 Different standards and varying jurisdictional approaches for the manipulation of personal information in the 21st Century will pose conflicts for data processing transactions. As long as the American privacy regulation advocates a targeted sectoral approach, comprehensive data protection in the U.S. will not exist.

A NEW SECTORAL SOLUTION TO PERSONAL INFORMATION COLLECTION WILL NOT PRESERVE PRIVACY

Suzanne M. Thompson, "The Digital Explosion Comes With a Cost: The Loss of Privacy," Journal of Technology Law and Policy, Spring 1999, 4 J. Tech. L. & Pol'y 3, EE2001-JGM, P.81

Those who advocate the sectoral approach to the protection of informational privacy concede that there is room for improvement to current U.S. legislation. n211 Similarly, they believe that new action needs to be taken to preserve informational privacy. n212 One option would be for an enhanced sectoral approach to informational privacy by the federal government ensuring that data collections in each sector remain consistent with the Privacy Principles. n213 If the decision is made by the federal government to enhance privacy protection using a sectoral approach, the federal government could appoint the Office of Management and Budget (OMB) as an oversight agency, which, for example, might review privacy statutes in light of the Privacy Principles. n214 The OMB could promote an enhanced sectoral approach operating in a more cohesive fashion. n215 The OMB could report its findings and recommend legislation, regulation, or administrative orders to keep existing fair information practices consistent with the Privacy Principles. n216 Nonetheless, an enhanced sectoral approach will not solve the problem of context-specific laws that fail to provide the individual with adequate, identifiable, enforceable fair information practices. "The sectoral approach, even enhanced, may continue to produce inconsistent privacy protections, or fail to anticipate further developments in a comprehensive, thoughtful way." n217

THE INTERNET AND ADVANCED TECHNOLOGIES HAVE SHOWN THE FAILURE OF THE US PIECEMEAL APPROACH

Suzanne M. Thompson, "The Digital Explosion Comes With a Cost: The Loss of Privacy," Journal of Technology Law and Policy, Spring 1999, 4 J. Tech. L. & Pol'y 3, EE2001-JGM, P.38

The advanced technologies of the Information Age have changed the focus of data protection from government entities, who in the past have controlled the majority of personal information, to the private sector, which is now a major source for the widespread dissemination of personal data. n92 Privacy debates concerning the use of personal data are beginning to focus on the private sector's use of transactional data. n93 However, the ad-hoc approach to current legislation in the United States has failed to protect the extensive misuse of personal data by private entities. n94 The United States does not have comprehensive privacy rights that address the acquisition, use, transmission, or disclosure of personal information within the private sector. n95 Even less protection is given to transactions taking place over the global network. The advent of the Internet and other networked communications has challenged the effectiveness of past piecemeal regulations. n96