Evolving FIPPs: Proactive Approaches to Privacy, Not Privacy Paternalism

Abstract

Privacy and data protection are at times contrasted with other legitimate societal values and goals, with the suggestion that one must yield to the other. But is it really necessary to weaken existing privacy measures in the name of pursuing greater efficiencies, innovation and economic growth? The goal of reconciling privacy rights with the free flow of data was reaffirmed by the OECD in a multi-year review of the 1980 OECD Guidelines – all eight of the original principles were left intact. This paper examines proposals to abridge these fundamental FIPPs in order to allow for Big Data and other technological and socially beneficial innovations. This paper suggests that the future of privacy depends on informational self-determination as embodied by taking a holistic approach to the FIPPs. Moreover, the paper suggests that the FIPPs be further enhanced through the application of Privacy by Design, which supplements the FIPPs with new elements such as proactively embedding privacy into information technologies, business practices and network infrastructures. Transparency and accountability are also key features in this framework.