Rapidly developing technologies are providing new and very powerful means to sort, combine and analyse data. This data exists in a networked environment, thus personal information can be collected and processed on any computer on the Net and is, at least in theory, accessible by every computer on the Net. The development of the Internet has made it possible to transfer this data "around the globe at the click of a mouse". Fresh business models such as "cloud computing", the newest "driver to illustrate the speed and breadth of the environment", allow this data to be processed across national borders on a routine basis.
Individuals and companies are "increasingly immersed in social networking, search technologies, online commerce and many other activities in which information about an individual is sent worldwide from one point to another". These activities became more and more borderless, because the Internet, as an open window to the world, blurs the lines between public and private space, firstly since globalisation and the outsourcing of economic actors entrain an ever growing exchange of personal data, additionally because of the security pressure in the name of the legitimate fight against terrorism opens the access to a significant number of data to an increasing number of public authorities and finally this is due the tools of the digital society accompany everyone at each stage of life by leaving permanently individual and borderless traces in both space and time.
Therefore, calls of both the public and private sectors for an international legal framework for privacy and data protection have become louder. Privacy Commissioners appealed to the United Nations "to prepare a binding legal instrument which clearly sets out in detail the rights to data protection and privacy as enforceable human right". This appeal was repeated in 2008 at the 30th International Conference held in Strasbourg , and at the 31th conference 2009 in Madrid through the draft of a global legal instrument on Data Protection with a view to submitting it to the United Nations. But also companies such as Google and Facebook have come under continuous pressure from governments and citizens to reform data use of data.
Could these calls possibly be best achieved by an international framework for Data Protection, rather than a collection of national or regional approaches?
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
- 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
- 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.
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.Zusammenfassung der Kapitel (Chapter Summaries)
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.- Quote paper
- Philipp E. Fischer (Author), 2010, Will Privacy Law in the 21st Century be American, European or International?, Munich, GRIN Verlag, https://www.grin.com/document/187981
