Mid-Atlantic Privacy: Interoperability, or Why Bermuda is Not an Island

Note: This post is the last in a series on the Mid-Atlantic Privacy Compass and its Compass Points.

Abstract:

  • Thanks to the emergence of global platforms like the internet, privacy laws around the world have a kinship or descendancy, and have converged to present a consensus on international standards. Whether formally or otherwise, the regulations and guidance in foreign jurisdictions have a persuasive effect.

  • Both principles- and risk-based regulation require organisations to conduct a bespoke analysis of their actions and context. While regulatory compliance floors may differ, a focus on a neutral analysis that mitigates the true harms will most benefit individuals.

  • Organisations should focus on Interoperability with legal regimes, technological platforms, and even future developments. They should be encouraged to develop practices that appl