I absolutely agree that the model of the GDPR is important. However, to add to that, I would really amplify what's in recommendations 12 and 13 regarding the Competition Act and the intersection with data and the value of data. That solves a lot of issues. It solves liability issues; it solves holding large power plays accountable.
If you start there, you intersect with what I consider really the core issue here: the collection of data in order to make money in ways that are well beyond consumer expectations. Then you bring in enforcement on top of that.
I was at a major privacy conference in Brussels last week. I was on Commissioner Denham's panel and there was a lot of discussion about consent and data. I asked an audience of about 300 people to raise their hand if they used a Google product. Everybody raised their hand. Then I said, “Raise your hand if you're okay with Google tracking and collecting data on everything you do”, and nobody raised their hand, of course.
Then I looked at Commissioner Denham and I said, “You have an enforcement issue, because 90% of these people have given consent to do something they don't actually want to have happen.”
We need to solve that problem and you have an opportunity to lead the international community here by building from what Europe has done.
