I would say, and purely IMOO, that the cause of the discrepancy is the conflict, brought about by the current ease of information sharing, between the individual that wishes to share his/her information with friends, family, the world and the organisation, be it corporate or government, that wants to own/use that information to ensure a greater profit or greater 'security'.
National legislation has to cover all bases in this environment and how it does so probably depends more on the national character and forces driving the government in power at the time of its creation than anything else. Which of those two factors is the greater influence is debatable.
Having read that I've no idea if I've even understood the question let alone offered an answer :-) lol
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