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 de-velop 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 lead-ing to an appropriate regulation might be organized. In addition, we discuss how an or-ganization might be designed to conduct this process. In our argument, stakeholder dia-logues 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 im-plementation of a privacy regulation that was defined by the stakeholder dialogues. (5) Finally, we discuss our findings and suggestions.