
These days, the debate about a federal comprehensive privacy law is buzzing louder than ever before. A number of bills are floating around Congress, and there are many proposals for privacy legislation by various groups, organizations, and companies. As proposals to regulate privacy are debated, it is helpful to distinguish between three general approaches to regulating privacy:
- Privacy Self-Management
- Governance and Documentation
- Use Regulation
Most privacy laws rely predominantly on one of these approaches, with some laws drawing from two or even all of them.
Each approach has various strengths and weaknesses. To be successful, a privacy law must use all three approaches. Many laws could be strengthened greatly if they used more of the third approach that I will outline below.









