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Publius: The Journal of Federalism Advance Access published online on October 30, 2009
Publius: The Journal of Federalism, doi:10.1093/publius/pjp031
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© The Author 2009. Published by Oxford University Press on behalf of CSF Associates: Publius, Inc. All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org.

Comparing Privacy Regimes: Federal Theory and the Politics of Privacy Regulation in the European Union and the United States

Fernando Mendez* and Mario Mendez{dagger}
*University of Zurich; fernando.mendez{at}zda.uzh.ch
{dagger}Queen Mary University of London; mario.mendez{at}qmul.ac.uk

This article draws on federal theory to analyze the dynamics of crafting a privacy regime in the European Union and the United States. Three dimensions of the policy domain are analyzed: how policy was framed, the policy dynamics activated, and the policy instruments used. The main finding is that despite obvious differences in the choice of specific policy instruments, a strikingly similar regulatory dynamic and framing of policy can be detected. Two conclusions are drawn: first, federal theory can reveal novel insights on the politics of regulating privacy, especially in relation to new technologies and counter terrorism measures. Second, applying a comparative research design to EU policy-making can help explain many of its apparent empirical puzzles.


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