top of page

The Identifiability Problem in Transnational Privacy Regulation

By: Xiaowei Yu



Commercial surveillance pervasively compromises data privacy by tracking consumers without meaningful consent or knowledge, yet there is no consensus on when data privacy laws should intervene. The crux lies in the standard of identifiability, which functions as the threshold trigger for when regulation is permissible. Ascertaining the identifiability of information is therefore critical to consumers, companies, and regulators, who must understand, comply with, and implement data privacy laws. As this Article shows, the world’s key privacy jurisdictions—the European Union, United States, and China—continue to struggle in similar ways with inadequately defining and inconsistently applying the concept of identifiability.

This Article generalizes from the transnational convergence and refers to it as “the identifiability problem.” Recognizing the identifiability problem reveals an overlooked phenomenon across jurisdictions. Besides, it lays a factual foundation for synthesizing international efforts into solving the threshold issue of data privacy law. Moreover, it calls forth a normative inquiry. Whether we can justify the use of identifiability as the threshold for regulation is the first and foremost task prior to revising identifiability or abandoning it.

11 comentarios


thecontinuums44
16 feb

The Continuum isn't merely a residence; it's a community that fosters a modern lifestyle. With a focus on creating spaces that inspire and elevate, residents are offered an unparalleled living experience where luxury meets contemporary sensibilities.

Me gusta

Sumit Kumar
Sumit Kumar
04 feb

Wow, what an insightful post! I really appreciated how you delved into the intricacies of the topic and provided practical examples to illustrate your points. Your writing style is engaging and easy to follow, making complex concepts accessible to your readers. Onlyfans Leak

Me gusta

brandname346
02 feb

In the kaleidoscopic world of travel and exploration, a tour operator in india takes center stage as the orchestrator of unforgettable journeys and immersive experiences.

Me gusta

Bradley ralph
Bradley ralph
30 ene

New York State Retirement Divorce,New York Supreme Court Divorce proceeding are unable to reach a settlement agreement through negotiation, they may be required to attend mediation sessions. During these sessions, a neutral third party will help the parties to reach a mutually acceptable agreement.

Me gusta

riverfrontresidence55
26 ene

Riverfront Showflat Step into the Riverfront showflat to experience firsthand the sophisticated interiors and design elements, providing a glimpse into the lifestyle offered by this premier residential development.

Me gusta
bottom of page