Technological solutions to privacy questions: what is the role of law?

In spite of its recognition as a fundamental human right, privacy is sometimes criticised as an anachronistic value in modern life [James Rule, Privacy in Peril (OUP, 2007) xi]. While the prominence of this view has lessened in the wake of the Snowden revelations and increased public concern with online privacy [Maria Helen Murphy, ‘The Pendulum Effect: Comparisons Between the Snowden Revelations and the Church Committee. What are the Potential Implications for Europe?’ (2014) 23(2) Information and Communications Technology Law 192], the right continues to struggle for support when it is portrayed as being in competition with national security, personal safety, and economic prosperity [Daniel Solove, ‘“I’ve Got Nothing to Hide” and other Misunderstandings of Privacy’ (2007) 44 San DLR 745]. As developments in technology continue to threaten the right to privacy, interest in technological solutions to privacy problems continues to grow. This article seeks to consider current privacy debates from the perspectives of multiple stakeholders in order to assess whether technological and design approaches offer the best path forward, or whether an essential role remains to be played by law.