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Smart Grid in America and Europe (Part II)

Past accomplishments and future plans.

Fortnightly Magazine - February 2011

24 and 96 data points per day).

25. NIST Cyber Security , supra note 23, at 28 tbl. 5-2, at 30, tbl. 5-3, apps. D-3, D-6 to D-7.

26. Council Directive 95/46, Of the European Parliament and of the Council of 24 October 1995 on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data, art. 2(a),1995 O.J. (L 281) (EC) (defining “personal data” as any data relating to an identified or identifiable person). Article 6(1) requires personal data to be collected only for a specific purpose, kept accurate, and protected. Id. at art. 6(1). The E.U. Commission Task Force for Smart Grids recommended that all member states must have a clear confidentiality policy concerning the consumer data. Task Force for Smart Grids, EU Comm’n, Expert Group 1: Functionalities of Smart Grids and Smart Meters 35 (2010) [hereinafter Expert Group 1 Report ]

27. Task Force for Smart Grids, Expert Group 2: Regulatory Recommendations for Data Safety, Data Handling and Data Protection  5–6, 9–10 (2010).

28. Colette Cuijpers, “No To Mandatory Smart Metering Does Not Equal Privacy!,” Tilburg Inst. for L., Tech., & Soc’y, Tilt Weblog L. & Tech ., Apr. 17, 2009.

29. In the E.U., privacy is governed in a comprehensive fashion, compared to the U.S. sector-to-sector approach. Pursuant to E.U. Directive 95/46/EC, all member states must prove adequate protections to personal data used in commercial transactions using a broad and “comprehensive” scheme of standards, combining all aspects of privacy laws across various industries under one regime. Kamaal Zaidi, “Harmonizing U.S.-EU Online Privacy Laws: Toward a U.S. Comprehensive Regime for the Protection of Personal Data,” 12 Mich. St. J. Int’l L . 169, 171–72 (2003). The U.S. regulates by specified sectors. State and federal laws direct sector self regulations, meaning that U.S. companies enforce their own privacy standards. Id. at 173–74; see also A. Michael Froomkin, “The Death of Privacy,” 52 Stan. L. Rev.  1461 (2000).

30. U.S. federal laws addressing consumer privacy and security interest in energy data include the Federal Trade Act , 15 U.S.C. § 45, which prohibits unfair or deceptive acts or practices, the Computer Fraud and Abuse Act , 18 U.S.C. § 1030, and the Electronic Communications Privacy Act , 18 U.S.C. §§ 2510–2522, 2701–2712, 3121–3127.

31. NIST Cyber Security , supra note 23, at 18–24.

32. Privacy policy guidance memorandum from Hugo Teufel III, chief privacy officer, U.S. Dep’t of Homeland Sec., “ The Fair Information Practice Principles: Framework for Privacy Policy at the Department of Homeland Security ” (Dec. 29, 2008), listing the Department of Homeland Security principles as: transparency, individual participation, purpose specification, data immunization, use limitation, data quality, security, and accountability and auditing.

33. S.17, 2009-2010 Leg. ch. 327 (Cal. 2009); Decision Adopting Requirement for Smart Grid Deployment Plans Pursuant to Senate Bill 17 (Padilla), Chapter 327, Statutes of 2009, Cal. P.U.C., Dec. No. 10-06-047 (June 24, 2010). See also  Assigned Commissioner’s and Administrative Law Judge’s Joint Ruling, Cal. P.U.C., p. 22, attachment B (July 30, 2010).

34. Info. & Privacy Comm’r, Ontario, Can.,