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64 Stan. L. Rev. Online 63 (2011-2012)
Privacy in the Age of Big Data: A Time for Big Decisions

handle is hein.journals/slro64 and id is 64 raw text is: 64 STAN. L. REV. ONLINE 63 February 2, 2012 SYMPOSIUM ISSUE PRIVACY IN THE AGE OF BIG DATA: A TIME FOR BIG DECISIONS Omer Tene* & Jules Polonetsky** We live in an age of big data. Data has become the raw material of pro- duction, a new source of immense economic and social value. Advances in data mining and analytics and the massive increase in computing power and data storage capacity have expanded, by orders of magnitude, the scope of informa- tion available to businesses, government, and individuals.1 In addition, the in- creasing number of people, devices, and sensors that are now connected by digital networks has revolutionized the ability to generate, communicate, share, and access data.2 Data create enormous value for the global economy, driving innovation, productivity, efficiency, and growth. At the same time, the data deluge presents privacy concerns that could stir a regulatory backlash, damp- ening the data economy and stifling innovation.3 In order to craft a balance be- t The Privacy Paradox: Privacy and Its Conflicting Values. * Associate Professor, College of Management Haim Striks School of Law, Israel; Senior Fellow, Future of Privacy Forum; Visiting Researcher, Berkeley Center for Law and Technology; Affiliate Scholar, Stanford Center for Internet and Society. I would like to thank the College of Management Haim Striks School of Law research fund and the College of Management Academic Studies research grant for supporting research for this Essay. ** Co-Chair and Director, Future of Privacy Forum. 1. See, e.g., Kenneth Cukier, Data, Data Everywhere, EcONOMIST, Feb. 27, 2010, at 3-5, available at http://www.economist.com/node/ 15557443. 2. See, e.g., Omer Tene, Privacy: The New Generations, 1 INT'LDATA PRIVACY LAW 15 (2011), available at http: //idpl.oxfordjournals.org/content/ /1/15.full. 3. Consider, for example, the draft Regulation proposed on January 25, 2012, by the European Commission to replace the 1995 Data Protection Directive. It is poised to signifi- cantly increase sanctions, expand the geographical scope of the law, tighten requirements for explicit consent, and introduce a new right to be forgotten. See Commission Proposal for a Regulation of the European Parliament and of the Council on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data 63

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