Book contents
- Transatlantic Jurisdictional Conflicts in Data Protection Law
- Transatlantic Jurisdictional Conflicts in Data Protection Law
- Copyright page
- Contents
- Acknowledgements
- Author’s Note
- Table of Cases
- 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 Counterterrorism 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
- Select Bibliography
- Index
2 - Conceptual Approaches to Data Protection in the European Union and the United States
Published online by Cambridge University Press: 06 April 2023
- Transatlantic Jurisdictional Conflicts in Data Protection Law
- Transatlantic Jurisdictional Conflicts in Data Protection Law
- Copyright page
- Contents
- Acknowledgements
- Author’s Note
- Table of Cases
- 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 Counterterrorism 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
- Select Bibliography
- Index
Summary
The extraterritorial dimension of EU data protection law has inspired conflicts in jurisdiction between the EU and other States, particularly the US, which has markedly different conceptions of data privacy. In terms of processing personal data, the EU prioritises the privacy and security of that data, while the US foregrounds national security, freedom of expression, access to documents, a free and open Internet, and international trade. The EU and US attitudes to privacy can broadly be placed on a spectrum of, at one end, the EU’s focus on human dignity and, at the other end, the US’ emphasis on liberty. These distinctions are malleable and based on generalisations; they are far more nuanced than just a dignity vs liberty dichotomy. Data protection is particularly interesting because it is not nearly a universal value. The EU has an omnibus data privacy regulation and the US has fragmented, sectoral approaches. In the US, the relevant laws concern fair information practices or informational privacy, as opposed to data protection. The US legal system assigns these less normative heft, which is a beginning point for many of the jurisdictional tensions surrounding the reach of EU law.
- Type
- Chapter
- Information
- Transatlantic Jurisdictional Conflicts in Data Protection LawFundamental Rights, Privacy and Extraterritoriality, pp. 18 - 32Publisher: Cambridge University PressPrint publication year: 2023