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The idea that the US and EU have different perceptions about privacy values is widespread. When describing the U.S. view, much scholarship starts from Warren and Brandeis’ Article "The Right to Privacy" which presents a view of "the right to be let alone" very different from common European perception of privacy. This focus on substantive difference, however, overlooks other differences that may explain why these two contemporary western cultures developed such different views of the right to privacy. This Article compares the differing perceptions of privacy through the lens of causation, tracing those perceptions' roots with the development of the administrative State in each region. The privacy "worries" resulting from violations of the two different perceptions are, in fact, quite similar in quality and differ not in the resultant fear but in the respective societies' views of the role of regulation.Traditional views of privacy law in the United States and the European Union focus on the substantial differences between these regulatory regimes and the strength of protection they afford. This comparative view correctly describes the different actors with which each regime's privacy protections are concerned: the U.S. regime fears intrusions by the State, whereas the EU regime fears intrusions by private corporations, especially so-called Big Data corporations. The traditional view, however, is incomplete, because it overlooks a critical commonality between the two regimes – the shared fear of what bad actions the "privacy intruder" will take. Specifically, while each regime fears different actors – both are concerned about the "chilling effects" on individual freedoms that would result from privacy invasions.The common values inherent in both United States and European Union privacy regulation, and in their associated bureaucratic institutions, provide clues to developing a framework for coordinating these two different regulatory regimes. Such coordination has many benefits for international data flow, which has become a fact of modern life. Multi-national organizations, for example, handle vast amounts of data and compliance with different regulatory procedures can be highly inefficient. The application of Management-Based Regulatory Delegation theory can allow individual states to maintain their autonomy with respect to substantive privacy values while reducing compliance costs by coordinating procedural regulatory processes. Such an approach is possible because of the common shared fear among U.S. and EU States – that privacy invasions, regardless of their source, will ultimately lead to chilling effects on individual action.

Ancient Worries and Modern Fears: Different Roots and Common Effects of U.S. and EU Privacy Regulation