Digital privacy has become one of the central debates in our connected society. In a world where big tech companies, telecommunications operators, and data brokers trade personal information, the issue isn’t so much about the scale of the problem but about the legal and practical tools available to combat it.
The United States and the European Union represent two very different models. While market forces and self-regulation have set the pace in the U.S., Europe has opted for a protective legal framework like the GDPR (General Data Protection Regulation). The question is: which model better protects citizens? And, more importantly, what can they learn from each other?
1. The Data Economy: Brokers and the Black Market for Information
United States: the realm of data brokers
In the U.S., data brokers handle billions of dollars annually. Companies like Acxiom, Experian, or Oracle Data Cloud gather information from public records, credit card purchases, browsing histories, health insurance forms, and even geolocation data collected by mobile apps.
The recently declassified report from the Office of the Director of National Intelligence (ODNI) confirmed that even government agencies buy this type of data instead of requesting it through court orders. The argument: it’s “commercially available” information.
American citizens are rarely aware that a detailed profile exists with their name, income, consumption habits, political affiliation, and even mental health. And although several state laws like the CCPA (California Consumer Privacy Act) seek to curb these excesses, in practice, the data market remains legal and thriving.
Europe: legal protection, questionable practices
In the EU, the GDPR and the ePrivacy regulation establish a more restrictive framework. In theory, no company can sell personal data without explicit, informed, and revocable consent. Additionally, citizens have the right to access, rectify, or delete their data.
However, in practice, consent policies are often opaque, and many users accept tracking without reading the terms. Despite multi-million euro sanctions against Meta, Google, or Amazon, the business model based on exploiting personal data remains intact.
👉 Comparison: The U.S. offers less legal assurance but more transparency regarding the existence of data brokers. Europe provides a stronger legal framework, though its actual enforcement depends on regulators like the AEPD in Spain or the CNIL in France.
2. CPNI and Metadata: the “Gold” of Telecommunications
U.S.: CPNI, a well-known secret
The Customer Proprietary Network Information (CPNI) is the crown jewel for American carriers. It includes data such as:
- Number, date, and duration of calls.
- Mobile data usage.
- Websites visited and most-used apps.
- Subscribed services.
Some carriers have been accused of sharing this information with third parties or using it to create advertising profiles. Although users can request to opt-out, the process is often not user-friendly and varies across providers.
Europe: greater control but with loopholes
In the EU, the ePrivacy Directive restricts the use of metadata from electronic communications, requiring explicit consent. However, indirect exploitation practices have been observed, such as the use of anonymized data (which can, in practice, be re-identified using AI).
👉 Comparison: In the U.S., CPNI is a legal mass tracking mechanism; in Europe, it’s prohibited without consent. But the effectiveness relies heavily on regulatory oversight.
3. Digital Identity: SSN vs DNI
U.S.: the Achilles’ heel of the SSN
The Social Security Number (SSN) is the universal identifier for employment, credit, and public services. Its theft enables frauds worth millions. To mitigate this, the government allows:
- Online SSN blocking through the Social Security Administration.
- E-Verify lock, preventing fraudulent use in employment processes.
- Freezing credit with the three major agencies: Equifax, Experian, and TransUnion.
Europe: multiple systems, same risks
In the EU, there’s no single identifier, but DNI, NIF, or NIE numbers have been leaked in numerous data breaches. In Spain, the electronic DNI aims to enhance security, but widespread adoption remains limited. Experts advise minimizing the handing over of DNI in digital records and using partial hidden copies when possible.
👉 Comparison: The U.S. has one extremely sensitive and vulnerable identifier; Europe distributes the risk across national documents, but leaks remain critical.
4. Mobile Phones and SIM Swapping
The mobile phone has become a universal identifier thanks to its role in two-factor authentication. But this convenience has driven up SIM swapping attacks.
U.S.
Since 2024, the FCC requires operators to implement measures against fraudulent porting, such as additional PINs or account locks. However, the effectiveness depends on the provider and customer diligence.
Europe
Spain’s CNMC has tightened controls for mobile number porting, but fraud continues. The advice is similar across both continents: use a secondary number or eSIM for less critical registrations and reserve the main number for banks and official agencies.
👉 Comparison: Both recognize phone vulnerability, but attacks still happen frequently on both sides of the Atlantic.
5. Email: the glue of digital identity
In both the U.S. and Europe, email remains the gateway to most digital services. Its compromise can trigger a domino effect across dozens of linked accounts.
Experts recommend:
- Using unique aliases per service to detect leaks.
- Activating 2FA with physical keys (FIDO2, YubiKey).
- Avoiding password reuse and storing passwords in managers like 1Password or Bitwarden.
👉 Comparison: Managing email as an identifier is a global issue. The difference is that Europe has more privacy-focused email services (Proton, Tutanota), whereas Gmail dominates the U.S. market.
6. Financial Privacy: Virtual Cards and Alerts
Fraudulent credit and debit card transactions are universal. The most effective solutions, present in both regions, include:
- Temporary virtual cards with spending limits and expiration dates.
- Immediate charge alerts to detect suspicious activity.
- Digital wallets (Apple Pay, Google Pay) that tokenize transactions.
👉 Comparison: Both US and Europe are advancing with similar solutions, though Europe’s adoption tends to be more uniform due to regulatory pressure on financial institutions.
7. Artificial Intelligence: a new multiplier of risk
The advent of generative AI and predictive models has changed the game. What was once isolated bits of information can now be combined to reconstruct full identities.
- In the U.S., regulation has yet to cover AI uses with personal data.
- In Europe, the AI Act aims to impose transparency and limitations, though its full implementation will be gradual.
👉 Comparison: Both territories acknowledge the risk, but only Europe has legislated proactively.
8. Practical Tips: What Works in Each Region?
- In the U.S.: activate opt-out for CPNI, freeze credit reports at the three agencies, use virtual cards, email aliases, and secondary eSIMs.
- In Europe: exercise GDPR rights (access, deletion, portability), use privacy-focused email services, set up bank alerts, and review consent settings on digital platforms.
Conclusion: Two Models, One Challenge
The comparison between the U.S. and Europe shows that no model offers absolute protection. While the U.S. stands out with transparency about data brokers and tools like credit freezes, Europe relies on a protective legal framework that often clashes with technological innovation.
The future lies in a mix of regulation, digital literacy, and technical tools. Most importantly, a citizenry aware that every click, registration, and call feeds an ecosystem where personal information is the new currency of exchange.
Frequently Asked Questions (FAQs)
1. What’s the difference between the European GDPR and California’s CCPA?
GDPR is a continent-wide regulation with strict penalties. CCPA is a state law, more limited, offering similar rights but with less enforcement capacity.
2. What is CPNI and does it exist in Europe?
CPNI is the information collected by U.S. operators about calls and network usage. In Europe, this type of data collection is prohibited without explicit consent under ePrivacy regulations.
3. Which is safer: the European DNI or the U.S. SSN?
The SSN centralizes many functions in one number, making it more vulnerable. In Europe, the risks are more distributed across documents, but leaks of DNI can still be serious.
4. Can AI re-identify anonymized data?
Yes. Through correlation techniques, AI can reconstruct profiles from data that was supposed to be anonymous. That’s why European regulations aim to limit these uses.