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date: 23 February 2019

Abstract and Keywords

This chapter examines regulatory efforts to ensure that due account is taken of privacy and related interests in the development of information systems such that these interests are, in effect, integrated (or ‘hardwired’) into the resulting systems. Such efforts are typically described in terms of ‘Privacy by Design’ and ‘Data Protection by Design’. The basic argument advanced in the chapter is that such efforts are unlikely to gain broad traction, at least in the short term, despite current moves to provide them with increased legal support. This is due to a broad range of factors the most important of which is that any ambitious privacy-hardwiring efforts will clash with powerful business and state interests at the same time as they remain marginal to the concerns of most consumers and engineers. This marginality is exacerbated by poor communication of such efforts’ parameters, methodologies and requirements.

Keywords: Privacy by Design, Data Protection by Design, Privacy-Enhancing Technology, data privacy, anonymization, encryption, intellectual property rights

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