Speakers Attamongkol Tantratian (S.J.D. Candidate, Maurer School of Law) and Gunn Jiravuttipong (J.S.D. Candidate, Berkeley School of Law) will present their work about Performative Digital Compliance.
Abstract: This paper introduces the concept of “performative digital compliance” to analyze how regulators and private actors engage in theatrical responses to imported digital regulatory frameworks, particularly data protection regulations in developing countries. Drawing from early enforcement experiences in the US and EU, and current enforcement experience from countries with recent data protection law.
Building upon Iza Ding’s concept of “performative governance” in China’s environmental regime, and incorporating insights from privacy law compliance literature, this paper examines how performative practices become entrenched in regulatory practice. Data protection regulations have become among the most widely adopted transnational frameworks, yet the pressure to demonstrate compliance often leads to what we call “regulatory theater” where both state and private actors prioritize symbolic gestures over substantive implementation. This paper shows that regulators in established jurisdictions they have some performative aspect but will eventually develop enforcement and collaborative capacity. However, developing countries face additional challenges in adopting, adapting and implementing these regulations within their domestic legal and institutional context.
To illustrate this concept, we examine Thailand’s implementation of GDPR-style data protection regulation. Despite initial praise from international and domestic scholars as potentially “one of the strongest data privacy laws in Asia,” the two-year implementation period reveals a dual pattern: regulators prioritize public-facing activities over substantive enforcement, while private entities engage in advocacy to shape regulatory details while maintaining only possible superficial compliance. These theatrical responses ultimately impede meaningful policy implementation and privacy protection.
Our analysis suggests that addressing performative digital compliance requires a multi-stakeholder approach that goes beyond traditional regulatory frameworks. We propose empowering civil society organizations to act as “theater critics,” systematically monitoring both regulatory and private sector performance. This oversight could catalyze bottom-up policy reforms and help bridge the gap between imported regulatory models and local implementation capabilities, ultimately creating more effective data protection frameworks that reflect actual societal needs and capabilities.
Zoom Registration: https://iu.zoom.us/meeting/register/IX0cyqiBTmW2SAU_R5K0MA#/registration
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