Building blocks for a modern privacy law

There is no global privacy or data law but often data and privacy are global. The study develops building blocks for a modern global privacy law or framework. The building blocks draw on the capabilities of new data technology and how human users interact with such technology. By integrating the building blocks into a modern privacy law or framework, countries can achieve a harmonization of their data and privacy regulation.

The study further examines the U.S. Consumer Online Privacy Rights Act (COPRA), a federal privacy bill, and assesses its effectiveness against the building blocks of a modern privacy law or framework. The U.S. now has many state privacy laws but lacks a federal privacy law. COPRA has been one of the most comprehensive federal privacy bills. Its structure and content has influenced other federal privacy bills such as the American Privacy Rights Act.

The study wants to raise interest for the U.S. perspective and current developments in U.S. privacy law. COPRA proposes new regulatory solutions how to meet current challenges in personal data processing which differ from European data protection law. Europe and the EU Commission should remain open to evaluating and, where possible, recognizing different regulatory choices such as in COPRA. This is why the study asks: Should the U.S. after COPRA be considered an adequate country according to Art. 45 para. 1 sentence 1 GDPR? Should EU data protection law draw inspiration from COPRA for a modern interpretation of the GDPR or for a possible reform of EU data protection law?

• Proposal for a modern (global) privacy law and framework
• Comparative study of the U.S. federal privacy bill “Consumer Online Privacy Rights Act”
• Examination of new data technology and user behavior and whether and how the law should regulate it

Tobias Schoenberger, Lausanne.