CIPP-US practice question 7 of 25

What is the main reason some supporters of the European approach to privacy are skeptical about self- regulation of privacy practices?

Full set: 195 questions
Answer options
A: A large amount of money may have to be sent on improved technology and security
B: Industries may not be strict enough in the creation and enforcement of rules Correct answer
C: A new business owner may not understand the regulations
D: Human rights may be disregarded for the sake of privacy
Correct Answer:
B. Industries may not be strict enough in the creation and enforcement of rules
Explanation

Supporters of the European comprehensive privacy model are often skeptical of the U.S. self-regulatory approach because it relies on industries to create and enforce their own rules. The primary concern is that these self-imposed regulations may lack rigor and that enforcement mechanisms will be weak, prioritizing commercial interests over the fundamental right to privacy. This perspective holds that without a strong, independent governmental authority setting and enforcing baseline rules, consumer privacy is not adequately protected. This contrasts with the EU model, which establishes a high legal standard for data protection enforced by dedicated Data Protection Authorities.

Why Incorrect

A. Cost is a business implementation concern, not the fundamental reason for philosophical skepticism about the self-regulatory model's effectiveness in protecting rights.
C. A business owner's lack of understanding is a challenge under any regulatory model, not a specific critique of self-regulation itself.
D. The argument is that self-regulation may disregard the human right of privacy for commercial gain, not disregard other rights for privacy.

References

1. Swire, P., Desai, D., & C. Andrew M. H. M. B. (2019). U.S. Private-Sector Privacy: Law and Practice for the CIPP/US (3rd ed.). International Association of Privacy Professionals. In Chapter 2, Section III.B, "Critiques of the U.S. Approach," the text notes that a major critique is that "self-regulation will be lax" and that "enforcement will be weak."

2. Schwartz, P. M. (2013). The EU-U.S. Privacy Collision: A Turn to Institutions and Procedures. Harvard Law Review, 126(7), 1966-2008. Page 1973 discusses the EU's preference for "state-enforced, omnibus data protection law" over the U.S. model, which is perceived as offering weaker protections.

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