of EU member states may bring civil actions under the Privacy Act against
U.S. government agencies for unlawful disclosure of their personal records.
316
8 Conclusion
Europe has adopted a broad approach data privacy rights, granting citizens strong
privacy rights that sharply regulate corporate use of consumers’ personal information. In many parts of Europe, privacy intrusions that Americans have come to take
for granted are prohibited.
317 While European states rely on data protection agencies
to monitor corporate behavior, the primary U.S. regulatory authority, the F.T.C.,
primarily relies on consent decrees and self-regulatory instruments to shape corporate behavior. This difference in part reflects a divergence in citizens’ sources of
distrust. As Bob Sullivan notes, “Europeans reserve their deepest distrust for corporations, while Americans are far more concerned about their government invading
their privacy”.
318 Reflecting Americans’ distrust of governmental authority, Americans are far more concerned with limiting the government’s attempts to invade
individual privacy.
References
Braverman B (2013) Fear FACTA: beware the truncation requirement of the Fair and Accurate
Credit Transactions Act. http://www.dwt.com/Fear-FACTA-Beware-the-Truncation-Require
ment-of-the-Fair-and-Accurate-Credit-Transactions-Act-12-04-2013
Brennan W (2016) Complying with the CAN-SPAM Act. Lexis Pract Advis J. https://www.
lexisnexis.com/lexis-practice-advisor/the-journal/b/lpa/archive/2016/11/08/complying-withthe-can-spam-act.aspx. Last accessed 18 July 2017
Brill J (2012) Privacy, consumer protection, and competition. Loyola University Chicago School of
Law. www.ftc.gov/speeches/brill/120427loyolasymposium.pdf
Brown CT, Raul AC, Spencer AL, McNicholas ER (2017) Collection, storage and transfer of data
in the United States. Lexology. https://www.lexology.com/library/detail.aspx?g¼44b4db4a6111-48a1-badf-87f8e2a73e67
316 Id.
317 For example, “[p]ersonal information cannot be collected without consumers’ permission, and
they have the right to review the data and correct inaccuracies; [c]ompanies that process data must
register their activities with the government; [e]mployers cannot read workers’ private e-mail;[and]
personal information cannot be shared by companies or across borders without express permission
from the data subject.” See Bob Sullivan, “La difference is Stark in E.U., U.S. Privacy Laws”,
NBCNEWS.COM, 19 October 2006. Available online at: http://www.nbcnews.com/id/15221111/
ns/technology_and_science-privacy_lost/t/la-difference-stark-eu-us-privacy-laws/#.WanIt7pFy00.
318 Id.
Data Protection in the United States: U.S. National Report
453
U.S. government agencies for unlawful disclosure of their personal records.
316
8 Conclusion
Europe has adopted a broad approach data privacy rights, granting citizens strong
privacy rights that sharply regulate corporate use of consumers’ personal information. In many parts of Europe, privacy intrusions that Americans have come to take
for granted are prohibited.
317 While European states rely on data protection agencies
to monitor corporate behavior, the primary U.S. regulatory authority, the F.T.C.,
primarily relies on consent decrees and self-regulatory instruments to shape corporate behavior. This difference in part reflects a divergence in citizens’ sources of
distrust. As Bob Sullivan notes, “Europeans reserve their deepest distrust for corporations, while Americans are far more concerned about their government invading
their privacy”.
318 Reflecting Americans’ distrust of governmental authority, Americans are far more concerned with limiting the government’s attempts to invade
individual privacy.
References
Braverman B (2013) Fear FACTA: beware the truncation requirement of the Fair and Accurate
Credit Transactions Act. http://www.dwt.com/Fear-FACTA-Beware-the-Truncation-Require
ment-of-the-Fair-and-Accurate-Credit-Transactions-Act-12-04-2013
Brennan W (2016) Complying with the CAN-SPAM Act. Lexis Pract Advis J. https://www.
lexisnexis.com/lexis-practice-advisor/the-journal/b/lpa/archive/2016/11/08/complying-withthe-can-spam-act.aspx. Last accessed 18 July 2017
Brill J (2012) Privacy, consumer protection, and competition. Loyola University Chicago School of
Law. www.ftc.gov/speeches/brill/120427loyolasymposium.pdf
Brown CT, Raul AC, Spencer AL, McNicholas ER (2017) Collection, storage and transfer of data
in the United States. Lexology. https://www.lexology.com/library/detail.aspx?g¼44b4db4a6111-48a1-badf-87f8e2a73e67
316 Id.
317 For example, “[p]ersonal information cannot be collected without consumers’ permission, and
they have the right to review the data and correct inaccuracies; [c]ompanies that process data must
register their activities with the government; [e]mployers cannot read workers’ private e-mail;[and]
personal information cannot be shared by companies or across borders without express permission
from the data subject.” See Bob Sullivan, “La difference is Stark in E.U., U.S. Privacy Laws”,
NBCNEWS.COM, 19 October 2006. Available online at: http://www.nbcnews.com/id/15221111/
ns/technology_and_science-privacy_lost/t/la-difference-stark-eu-us-privacy-laws/#.WanIt7pFy00.
318 Id.
Data Protection in the United States: U.S. National Report
453