Chapter 1: Introduction to Privacy

Co-Regulatory, Self-Regulatory, and Technology Models

Co-regulation (e.g., Australia; U.S. COPPA codes approved by the FTC) pairs industry codes with government law. Self-regulation (e.g., PCI DSS, seal programs) needs no general law. A technology model (e.g., encryption) reduces reliance on administrative measures.

How this supports CIPP/US study

Use this lesson to identify the legal source, actor, data and activity before applying a rule to a scenario. Continue with the CIPP/US exam format and blueprint.

Co-regulation (e.g., Australia, closer to comprehensive) emphasizes industry-developed enforceable codes against the backdrop of government law. A U.S. example is COPPA, where FTC-approved codes can satisfy the statute.

Self-regulation (e.g., the U.S.) creates codes of practice with no generally applicable data protection law behind them. A prominent example is PCI DSS for credit card data, and seal programs are another form.

Co-regulation vs. self-regulation
ModelRelation to government lawExample
Co-regulatoryIndustry codes backed by government legal requirementsCOPPA codes approved by the FTC; Australia
Self-regulatoryCodes may exist with no general data protection lawPCI DSS; seal programs
Self-regulation criticisms

Critics worry about adequacy and enforcement: industry codes may under-protect consumers, and penalties or enforcement authority can be weak. A technology-based model (e.g., provider encryption) can reduce reliance on administrative measures.

Key terms - quick answers

What is “Co-regulatory model”?
An approach emphasizing industry-developed enforceable codes against a backdrop of government legal requirements; e.g., COPPA codes approved by the FTC.
What is “Self-regulatory model”?
An approach where companies, industries, or independent bodies create codes of practice, often without a generally applicable data protection law; e.g., PCI DSS.
What is “PCI DSS”?
The global Payment Card Industry Data Security Standard, a self-regulatory standard for businesses processing credit card data.
What is “Seal programs”?
A form of self-regulation requiring participants to follow codes and submit to monitoring, then display a privacy seal; FTC-recognized COPPA seals include CARU, ESRB, iKeepSafe, kidSAFE, PRIVO, and TrustArc.

Sources and study method

This independent lesson uses active recall, spaced retrieval and scenario practice. Read the full study method.