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This book looks at transatlantic jurisdictional conflicts in data protection law and how the fundamental right to data protection conditions the EU's exercise of extraterritorial jurisdiction. Governments, companies and individuals are handling ever more digitised personal data, so it is increasingly important to ensure this data is protected. Meanwhile, the Internet is changing how territory and jurisdiction are realised online. The EU promotes personal data protection as a fundamental right. Especially since the EU's General Data Protection Regulation started applying in 2018, its data protection laws have had strong effects beyond its territory. In contrast, similar US information privacy laws are rooted in the marketplace and carry less normative heft. This has provoked clashes with the EU when their values, interests and laws conflict. This research uses three case studies to suggest ways to mitigate transatlantic jurisdictional tensions over data protection and security, the free flow of information and trade.
Sommario
1. Introduction; 2. Conceptual approaches to data protection in the European Union and the United States; 3. The European Union's Obligations to safeguard the fundamental right to data protection extraterritorially; 4. Limits that public international law poses on the European Union safeguarding the fundamental right to data protection extraterritorially; 5. Ways to mitigate problematic jurisdictional overreach; 6. The reach of European Union data protection law in transatlantic data transfers for counter-terrorism purposes; 7. Data protection and the free flow of information; 8. Enabling transatlantic trade and protecting privacy through cross-border data transfer agreements; 9. The normative external effects of the European Union's exercise of extraterritorial jurisdiction in data protection law; 10. Conclusion: enduring territorialism and fundamental rights.
Info autore
Mistale Taylor is Counsel at the Public International Law and Policy Group. Her background lies in public international law and data privacy law. She has published and presented on many subjects, including international law, human rights, ethics, privacy and data protection as they relate to emerging technologies.
