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Read the Mueller Report: Searchable Document and Index

Abstract Key Points Big Data—which may be understood as a more powerful form of data mining that relies on huge volumes of data, faster computers, and new analytic techniques to discover hidden and surprising correlations—challenges international privacy laws in several ways: it casts doubt on the distinction between personal and non-personal data, clashes with data minimization, and undermines informed choice.

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This Regulation both creates new individual rights and imposes new accountability measures on organizations that collect or process data. But the Big Data tsunami is likely to overwhelm these reform efforts.

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Thus, a supplementary approach should be considered using codes of conduct. In particular, regulators should encourage businesses to adopt new business models premised on consumer empowerment by offering incentives such as regulatory flexibility and reduced penalties.

While Big Data promises significant economic and social benefits, it also raises serious privacy concerns. My contention is that when this advancing wave arrives, it will so overwhelm the core privacy principles of informed choice and data minimization on which the DPD rests that reform efforts will not be enough. Rather, an adequate response must combine legal reform with the encouragement of new business models premised on consumer empowerment and supported by a personal data ecosystem.

This new business model is important for two reasons: First, existing business models have proven time and again that privacy regulation is no match.

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