Privacy and Big Data: The need for a multi-stakeholder approach for developing an appropriate privacy regulation in the age of Big Data

This paper presents a multi-stakeholder approach for developing an appropriate privacy regulation in the age of big data. We develop our argument in five steps, starting (1) with a review of the current academic debate on privacy regulation. We analyze a dysfunctional mutual excludability between the suggestions of the supporters of a regulation orchestrated by governments, and the supporters of internet self-regulation. (2) To over-come this conflict, we argue that the framework for developing an appropriate privacy regulation should not only focus on formal and procedural aspects (e.g., who might develop and implement it) but should also include some important substantial aspects to protect users and promote socially beneficial big data applications. (3) After examining substantive aspects of a functional privacy regulation, we examine how the process leading to an appropriate regulation might be organized. In addition, we discuss how an organization might be designed to conduct this process. In our argument, stakeholder dialogues and an independent “privacy organization” are relevant parameters. (4) We discuss the potential structure of a privacy organization that might conduct multi-stakeholder-dialogues as a preliminary step. This organization could then govern and monitor the implementation of a privacy regulation that was defined by the stakeholder dialogues. (5) Finally, we discuss our findings and suggestions.