Abstract

The perception that privacy is losing an arms race with technology is a constant source of public anxiety, and regulatory action. Many privacy and data protection laws directly respond to advances in technology-from cameras, to large databases, to the Internet, to cellular, to sensors. The paradigm plays out over and over again: technology erodes privacy, regulations are passed to protect it. Bringing privacy concerns into the design of products and standards is a significant new regulatory approach. It reflects growing recognition of the substantial role that technical systems play in supporting and shaping societal values. Regulators must adopt strategies that encourage designers to engage with multiple, context-dependent concepts of privacy. There are some indications this will happen, but ensuring it does is essential to the success of the privacy by design effort. Third, the success of this regulatory initiative turns on new privacy professionals.