Governance of Privacy

Hans de Bruijn is professor of Governance at Delft University of Technology and visiting professor at Politecnico di Milano.

• 1 The Radical Transformation of Privacy 1.1 Introduction 1.2 Privacy as a process (I) 1.3 Type 1: privacy invasions as disclosure – continu¬ous, ubiquitous, and emergent1.4 Type 2: privacy invasions as profiling 1.5 Type 3: privacy invasion as manipulation 1.6 Type 4: privacy invasion as a collective problem 1.7 Privacy as a process (II): comparing the four types of privacy invasions 2 The Complexity of the Governance Challenge 2.1 Introduction 2.2 Victims and their many cost–benefit analyses 2.3 The object: data and the many uncertainties concerning data use 2.4 The spaghetti-like network of data-producing devices 2.5 The villain comes in many guises 2.6 Distribution cannot be distinguished from production2.7 The addressee as victim and villain 2.8 The essence of the differences between then and now 2.9 The complexity of the governance challenge, summarized 3 An Introduction to Governance 3.1 Introduction 3.2 State, market, and society 3.3 The context and the inevitable unintended effects 3.4 The dynamics of underlying norms 3.5 When to use instruments: upstream or down¬stream? 3.6 Resilient governance 4 The Power of the State 4.1 Introduction4.2 From prescriptive- to goal-based regulation 4.3 From substantive regulation to procedural regulation 4.4 From imposed to negotiated regulation 4.5 From direct to indirect regulation 4.6 From instrumental to institutional regulation 4.7 The essence of resilience-based regulation 4.8 Conditions for regulation based on resilience—capacity and infrastructure building 5 The Power of the Market 5.1 Introduction 5.2 Competing on privacy 5.3 The pricing and taxing of data 5.4 Challenging the business proposition and, there¬fore, the business model 5.5 Creating barriers in the data-journey—breaking up companies 5.6 The power of the market and resilience 6 The Power of Society 6.1 Introduction 6.2 Empowerment upstream 6.3 Patterns: locking-in and locking-out 6.4 Empowerment downstream: how can a user weaponize against locking-in and locking-out? 6.5 Resilience and the role of government 7 Reflections References