What is Privacy, Really?
When we talk about privacy today, most of the conversation revolves around legal developments. A law was passed, a bill didn’t go through, Meta got fined, or a regulator is investigating another tech company. These updates dominate the headlines—and often, privacy is defined by them. It becomes a binary consideration: do this, don’t do that—because that’s what the law says.
But the law doesn’t tell you what privacy is. And it certainly doesn’t tell you how to implement it.
To truly understand privacy and how to operationalize it, we need to go beyond the written rules. We need to look at privacy pragmatically—less as a checklist and more as a living practice.
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his post is the start of a series where we will look at what it means to operationalize privacy and how we can address privacy as an idea.
The Limits of Law in Privacy
The law serves as a boundary—it tells us what not to do. And lawyers are great at navigating those boundaries. But the real challenge lies in how we interpret and apply those boundaries in the context of a business. That’s the space where creativity and strategy are required.
Privacy is not just about knowing the law; it's about understanding how to align legal requirements with business goals and user experience. This intersection is where the real work begins.
What’s Missing in the Privacy Conversation
A key gap in privacy discourse—especially in legal teachings—is how to apply the law. And the truth is, there’s no one-size-fits-all answer. The operationalization of privacy will look different depending on the context: the industry, the technology, and the stakeholders involved.
But one thing is constant: effective privacy implementation requires thinking beyond what the law does or does not say. It requires a holistic approach, incorporating insights from:
Business Units: What the objectives are and how privacy affects growth.
IT and Engineering: How systems are built and data is handled.
Design and UX: How users interact with privacy choices.
Compliance and Legal: The regulatory foundation and risk profile.
Together, these perspectives form a comprehensive understanding of what privacy means for an organization—and how it should be implemented.
Privacy Is a Team Sport
Privacy cannot function in a silo. It thrives through collaboration. It also demands a balanced approach to risk—being risk-aware rather than risk-averse. Not all risks are bad; some are necessary trade-offs for innovation and user experience.
A Case Study: Cookie Consent
Let’s consider a familiar example: cookie consent. It’s one of the most discussed topics in privacy law. Most regulations say you must obtain consent before setting non-essential cookies. Simple, right?
But the real complexity lies in how you obtain that consent.
Designing a consent mechanism involves more than just legal input. It requires coordination between:
UI/UX designers who build the interface,
Developers who implement the cookie logic,
Marketers who understand user behavior, and
Business leaders who balance compliance with business objectives.
The law provides the rule. But privacy comes to life in the execution.
Final Thoughts
Defining privacy through laws alone is not enough. To make privacy real and effective, we need to move past legal abstractions and engage with the practical realities of business, technology, and design. That’s where privacy becomes more than a requirement—it becomes a strategic advantage.
To keep the conversation going, I will be sharing insights on how to operationalize privacy and move past the legal framing. Stay tuned!