St. Thomas Law Review
First Page
727
Document Type
Comment
Abstract
Did George Orwell have it all wrong? Is Big Brother really a multinational company with a Web site employing cookies; enabling it to track its visitors' every move? The Internet's popularity as a virtual marketplace and the resulting boom of e-commerce has developed exponentially due to the speed and convenience of on-line shopping and access to information. However, this technological advancement also allows for the collection, storage, and transmittal of personal information. With unlimited access to a vast array of personal information, advertising agencies conduct marketing campaigns targeted at individual e-consumers. Unfortunately, most consumers are unaware that they divulge personal information in exchange for simpler, speedier transactions. Control of personal information used in targeted marketing translates into a privacy issue pitting Internet users, who desire to remain anonymous in cyberspace, against businesses who pay top dollar for the personal information to conduct expansive marketing campaigns. Web surfers are entitled to privacy protection. Their rights are violated by dissemination of personal information, but the current law does not adequately protect them. This note explores the issue of on-line user privacy protection in the United States and the European Union. Specifically, two theories of privacy will be examined; the U.S. theory, viewing privacy as a commodity controlled through the free-market approach, and the EU theory, approaching privacy as a "fundamental right." Part II evaluates the current state of affairs and discusses privacy protection instruments already in place in the United States. This encompasses constitutional allocations, tort law, and legislative approaches, which reveal that current protections are not broad enough to protect privacy in the on-line world. Part III explores "cookie technology" employed by on-line advertising firms worldwide, illustrating the technical side of privacy invasion. Generally, many players representing many facets of the marketplace are involved in the privacy debate, and the few compromises are inevitably based on the infinite value of personal information. Specifically, who are the players? What are their views and strategies? In whose direction is the pendulum swinging, and what can be expected on a short and long-term scale on the home front? Additionally, what precautions can surfers take to personally ensure their information is adequately protected? Part VI of this article examines the Internet data protection regulation currently established by the European Union; specifically, the European Directive on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data effective as of October 25, 2000 (hereinafter "Data Privacy Directive"). In examining the Data Privacy Directive, privacy as a fundamental right will be carefully examined. Finally, Part VIII reflects on the successes and failures of both systems and suggests the United States should adopt a model similar to that set forth by the European Union in order to effectively protect its citizens. This note is not intended to comment on the benefits of any social policy, and any statements on the pros or cons of big or small government are purely incidental.
Recommended Citation
Jason A. Kotzker,
The Great Cookie Caper: Internet Privacy and Target Marketing at Home and Abroad,
15
St. Thomas L. Rev.
727
(2003).
Available at:
https://scholarship.stu.edu/stlr/vol15/iss3/6