Will Privacy Law in the 21st Century be American, European or International?

Table of Contents

A. Introduction

B. The future of global privacy law

I. The scope of „privacy” and “data protection”

II. The need of global harmonisation

1. The need of free flows of data

2. Higher risks and threats

3. Territorial jurisdiction and the internet

4. Recent transatlantic data conflicts

a) Passenger name records (PNR)

b) Society for worldwide interbank financial telecommunication (SWIFT)

c) United Bank of Switzerland (UBS)

5. Conclusion of part II

III. Perspectives

1. U.S. legal framework

2. European legal framework

3. International legal framework

a) United Nations (UN)

b) Organisation for economic cooperation and development (OECD)

c) Asia-pacific economic cooperation (APEC)

4. Extraterritorial application of law

5. Conclusion of part III

IV. Prospects

1. Multilateral conventions

2. Regional conventions

3. Model laws

4. Adequacy and accountability approach

5. Technical standards

6. International guidelines

7. Non-binding policy standards

8. Private-sector instruments

9. Conclusion of part IV

C. Final conclusion

Research Objective & Key Topics

The dissertation investigates whether an international legal framework for privacy and data protection is achievable in the 21st century, or whether regional and national approaches will continue to dominate. It evaluates the obstacles to such a framework, the issues surrounding global harmonisation, and the potential effectiveness of various regulatory models, including multilateral conventions and accountability approaches.

• The divergence between U.S., European, and international approaches to data privacy.
• The impact of technological advancements and globalization on cross-border data flows.
• The challenges of territorial jurisdiction in the context of the internet and surveillance.
• Case studies on transatlantic data conflicts (PNR, SWIFT, UBS).
• Prospects for a unified or harmonized global framework for data protection.

Excerpt from the Book

Summary of Chapters

A. Introduction: Outlines the rapid development of technologies, the borderless nature of digital data, and the growing calls from public and private sectors for an international legal framework.

B. The future of global privacy law: Examines the scope of privacy and data protection, the necessity of global harmonisation due to risks and transatlantic data conflicts, and concludes with the challenges of the current regulatory environment.

III. Perspectives: Analyzes diverse legal frameworks including U.S., European, and international models, and discusses extraterritorial application of law and the limits of current approaches.

IV. Prospects: Explores potential paths for harmonization, evaluating multilateral and regional conventions, model laws, accountability approaches, technical standards, and international guidelines.

C. Final conclusion: Synthesizes the findings, arguing that while a global treaty is difficult to achieve, progress can be made through a mix of steps, including utilizing the Council of Europe Convention 108 and bridging gaps via accountability measures.

Keywords

Data Protection, Privacy, Privacy Law, Global Harmonisation, EU Data Protection Directive, Transatlantic Data Conflicts, PNR, SWIFT, International Legal Framework, Data Flows, Accountability, Adequacy Principle, OECD Privacy Guidelines, APEC Privacy Framework, Human Rights

Frequently Asked Questions

What is the core focus of this dissertation?

The work examines whether global data protection regulation is trending towards an American, European, or truly international model, considering the existing obstacles and potential for legal harmonization.

What are the primary thematic fields addressed?

It covers data protection, privacy rights, legal comparative analysis, international trade, cybersecurity, and the influence of technology on law.

What is the ultimate research question?

The core question is: "Will Privacy Law in the 21st Century be American, European or International?"

Which scientific methodology is employed?

The author conducts a comparative legal analysis, evaluating different regional and international legal frameworks (U.S., EU, OECD, APEC) and assessing their strengths, weaknesses, and potential as global standards.

What topics are discussed in the main body?

The main body details the evolution of data protection definitions, investigates transatlantic data conflicts such as PNR, SWIFT, and UBS, and evaluates various prospects like multilateral conventions and technical standards.

Which keywords best characterize the work?

Key terms include Data Protection, Privacy, International Legal Framework, Harmonisation, Transatlantic Conflicts, and Accountability.

How does the author characterize the US approach to data protection?

The U.S. approach is described as a "patchwork of rules" or "piecemeal model" that relies on sector-specific legislation, market self-regulation, and a distrust of centralized government oversight.

What is the European approach to data protection?

In contrast to the U.S., the European approach treats data protection as a fundamental human right, characterized by comprehensive regulatory frameworks and oversight by data protection authorities.

Why is the "accountability" approach considered significant?

The accountability principle is proposed as a potential solution to the limitations of the "adequacy" system, placing the burden of responsibility on the data exporter and ensuring protection regardless of the destination's legal regime.

What role does the CoE Convention 108 play in the author's outlook?

The author sees the globalization of the Council of Europe Convention 108 as a promising pragmatic path toward establishing a baseline international privacy standard, bypassing the complexity of negotiating a entirely new global treaty.