Remarks by Kirk J. Nahra

Abstract

U.S. privacy law often is criticized in comparison with international privacy regimes, particularly the European Union's General Data Protection Regulation. Parts of this criticism are fair, but, at the same time, U.S. privacy law provides meaningful protections in a substantial set of circumstances, and, on occasion, provides either “better” privacy protection than the GDPR or presents a more targeted approach to balancing appropriate privacy protections with other important public policy concerns. This balancing often is not a question of “consumers vs. industry” (although it certainly can be). In some situations—particularly in the health care settings that I will focus on—it often is a question of providing an appropriate balance between privacy interests and other policy interests that benefit both industry and consumers.