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Jochen Bittner's timely essay, "Between Paranoia and Naïveté" (Op-Ed, Aug. 29), should help start an important policy effort between Germany and the United States. There are growing concerns about privacy protection on both sides of the Atlantic. And between the United States and Germany there is an unraveling of trust brought about by the recent disclosures of the National Security Agency's activities. Friends don't spy on friends.
Mr. Bittner argues that both sides need a clearer understanding of their own history and why they value privacy. That will be useful. But more important is to look forward and develop a framework for privacy protection appropriate for the high-tech economy of the 21st century.
Currently, the Germans are helping to lead an effort to update the Europeanwide privacy directive. On the American side, President Obama has proposed a Consumer Privacy Bill of Rights, which includes the essential elements of most modern privacy laws. Both countries should support the other's efforts.
At the core of both approaches is a common understanding — often called Fair Information Practices — that organizations, whether public or private, that collect and use personal information owe a duty to protect the data they collect, to use it for appropriate purposes, and to be open and accountable.
There is also a paradox in the protection of privacy: the aim is not to limit the flow of data, but rather to ensure that data and communication can be exchanged in an environment of trust. Such a framework allows for the greater exchange of sensitive information and more candid communications.
For the United States and Germany today, such an undertaking should be a top priority.
MARC ROTENBERG
Washington, Aug. 29, 2013
The writer is president of the Electronic Privacy Information Center in Washington and teaches information privacy law at Georgetown University Law Center.
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