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66 Stan. L. Rev. Online 25 (2013-2014)
Privacy and Big Data: Making Ends Meet

handle is hein.journals/slro66 and id is 25 raw text is: 66 STAN. L. REV. 25 September 3, 2013 PRIVACY AND BIG DATA: MAKING ENDS MEET Jules Polonetsky & Omer Tene* INTRODUCTION How should privacy risks be weighed against big data rewards? The recent controversy over leaked documents revealing the massive scope of data collection, analysis, and use by the NSA and possibly other national security organizations has hurled to the forefront of public attention the delicate balance between privacy risks and big data opportunities.' The NSA revelations crystal- ized privacy advocates' concerns of sleepwalking into a surveillance society even as decisionmakers remain loath to curb government powers for fear of terrorist or cybersecurity attacks. Big data creates tremendous opportunity for the world economy not only in the field of national security, but also in areas ranging from marketing and credit risk analysis to medical research and urban planning. At the same time, the extraordinary benefits of big data are tempered by concerns over privacy and data protection. Privacy advocates are concerned that the advances of the data ecosystem will upend the power relationships between government, busi- ness, and individuals, and lead to racial or other profiling, discrimination, over- criminalization, and other restricted freedoms. * Jules Polonetsky is Co-Chair and Director, Future of Privacy Forum. Omer Tene is Associate Professor, College of Management Haim Striks School of Law, Israel; Senior Fel- low, Future of Privacy Forum; Affiliate Scholar, Stanford Center for Internet and Society. We would like to thank Joseph Jerome, Legal and Policy Fellow at the Future of Privacy Fo- rum, for his research assistance. 1. Glenn Greenwald, NSA Collecting Phone Records of Millions of Verizon Custom- ers Daily, GUARDIAN (June 6, 2013), http://www.guardian.co.uk/world/2013/jun/06/nsa- phone-records-verizon-court-order; Glenn Greenwald & Ewen MacAskill, NSA Prism Pro- gram Taps in to User Data of Apple, Google and Others, GUARDIAN (June 7, 2013), http://www.guardian.co.uk/world/2013/jun/06/us-tech-giants-nsa-data. 25

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