The Simplification of International Data Privacy Rules

This Essay suggests that simplification will actually complicate data protection and will lead to unexpected burdens on industry along with an increase in the data surveillance of citizens. Part I begins with an examination of the global push for simplification. Part II addresses the opportunities for simplification through multiple instruments and some of the experiences with these instruments. Part III presents the obstacles to simplification.

These obstacles illustrate fundamental problems with simplification. Part IV concludes with a proposal on “simplifying” technologies that calls for the development and increased use of privacy rights management technologies and technology audits to facilitate international data flows by simplifying the management of compliance across complex regulatory requirements and procedures.