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

Inhaltsverzeichnis (Table of Contents)

• III. Introduction
• A. 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

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This dissertation explores the future of global privacy law, focusing on the need for harmonisation and addressing the challenges posed by the internet and international data flows. It examines the contrasting approaches of the U.S. and European legal frameworks, and investigates the potential of international legal instruments and private-sector initiatives in shaping a global framework.
• The need for harmonisation of global privacy laws
• The impact of the internet and data flows on privacy regulations
• Comparison of U.S. and European privacy laws
• Exploring international legal frameworks for privacy protection
• The role of private-sector initiatives in global privacy governance

Zusammenfassung der Kapitel (Chapter Summaries)

• III. Introduction: This chapter introduces the dissertation's central question: Will privacy law in the 21st century be American, European, or international? It discusses the scope of "privacy" and "data protection," highlighting the growing need for global harmonisation due to increased data flows, risks, and jurisdictional challenges. The chapter examines recent transatlantic data conflicts, particularly those concerning passenger name records, SWIFT, and UBS, illustrating the complexities involved.
• III. Perspectives: This chapter presents an analysis of the U.S., European, and international legal frameworks for privacy protection. It delves into the perspectives of international organizations like the UN, OECD, and APEC, as well as the concept of extraterritorial application of law.
• IV. Prospects: This chapter explores various potential solutions for harmonizing global privacy law. It examines multilateral and regional conventions, model laws, adequacy and accountability approaches, technical standards, international guidelines, non-binding policy standards, and private-sector instruments.

Schlüsselwörter (Keywords)

This dissertation focuses on the intersection of privacy law, international law, and data protection, with a particular emphasis on the challenges of globalization and the internet. Key concepts include global harmonisation, territorial jurisdiction, data flows, transatlantic data conflicts, U.S. and European legal frameworks, international organizations, and private-sector initiatives.

Why is there a call for an international legal framework for privacy?

Rapidly developing technologies like cloud computing and social networking make data flows borderless, creating a need for harmonized global standards instead of fragmented national laws.

How do U.S. and European privacy laws differ?

The dissertation explores the contrasting approaches, where Europe often has stricter, omnibus data protection laws compared to the more sectoral U.S. approach.

What are "transatlantic data conflicts"?

These are legal and political disputes between the U.S. and EU regarding data access, such as the SWIFT interbank data exchange and Passenger Name Records (PNR).

What role do international organizations play in data protection?

Organizations like the UN, OECD, and APEC work on preparing binding instruments or guidelines to establish enforceable human rights to privacy globally.

What is the "adequacy and accountability" approach?

It is a potential solution for global data flows where companies must demonstrate they provide an adequate level of protection and are accountable for the data they process.