A COMPARISON BETWEEN THE EUROPEAN AND THE AMERICAN APPROACHES TO PRIVACY

This paper compares the European and the American approach to privacy. The essay argues that the European approach to privacy is rights-based, whereas the American tactic is expectation-based. The article discusses the European Union General Data Protection Regulation, as well as the newly-adopted California Consumer Privacy Act. The paper contends that the latter is an American response to the former. The paper concludes that if individuals prefer strict protection of their privacy rights, then the General Data Protection Regulation is the appropriate model. Otherwise, a reasonable expectation of privacy is sufficient.