Thread · 4 tweets · 31 May 2018

I like @superwuster’s idea in “An American Alternative to Europe’s Privacy Law” that data regulation should revolve around fiduciaries, but that is in effect a lot of what the #GDPR does. It is not a compliance checklist regulation — at all. nytimes.com/2018/05/30/opi…

In fact, that’s what a lot of people have found difficult with it. In some ways it is a set of guidelines with no precedents to guide expectations. The way I’ve been conveying this is about “being trustworthy custodians of our users’ data”: basically fiduciary duties.

People fear regulators, but I expect a certain proportion of the actual content of the #GDPR to be set in court. Lawsuits have already kicked off, we’re going to see some large aspects litigated.

says: “the European approach runs the risk of being insensitive to context and may not match our ethical intuitions in individual cases.” I would be curious to see an example of where that might happen.