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Comparing Privacy Regimes: Federal Theory and the Politics of Privacy Regulation in the European Union and the United States

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  • Fernando Mendez
  • Mario Mendez

Abstract

This article draws on federal theory to analyze the dynamics of crafting a privacy regime in the European Union and the United States. Three dimensions of the policy domain are analyzed: how policy was framed, the policy dynamics activated, and the policy instruments used. The main finding is that despite obvious differences in the choice of specific policy instruments, a strikingly similar regulatory dynamic and framing of policy can be detected. Two conclusions are drawn: first, federal theory can reveal novel insights on the politics of regulating privacy, especially in relation to new technologies and counter terrorism measures. Second, applying a comparative research design to EU policy-making can help explain many of its apparent empirical puzzles. Copyright 2010, Oxford University Press.

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  • Fernando Mendez & Mario Mendez, 2010. "Comparing Privacy Regimes: Federal Theory and the Politics of Privacy Regulation in the European Union and the United States," Publius: The Journal of Federalism, CSF Associates Inc., vol. 40(4), pages 617-645, Fall.
    • Handle: RePEc:oup:publus:v:40:y:2010:i:4:p:617-645
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    File URL: http://hdl.handle.net/10.1093/publius/pjp031
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    Cited by:

    1. Pier Domenico Tortola, 2014. "The Limits of Normalization: Taking Stock of the EU‐US Comparative Literature," Journal of Common Market Studies, Wiley Blackwell, vol. 52(6), pages 1342-1357, November.

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