The feasibility of reaching an effective EU-US agreement regulating transatlantic personal data flows
(2022) JAMM07 20221Department of Law
Faculty of Law
- Abstract
- This thesis seeks to determine whether it is possible to strike a regulatory balance between satisfying the interests derived from individuals' right to privacy and states' defence of national security. However, the goal of this work is not to conduct an abstract analysis of the interrelations of these, sometimes conflicting, interests but to find practical solutions to a present issue, this is, the absence of a common EU-US regulatory framework governing transfers of personal data of European citizens to the US.
Personal data flows have become central in nowadays global economy, in which companies provide services in parts of the world where they do not have to be physically present thanks to the ever-spread use of technology devices... (More) - This thesis seeks to determine whether it is possible to strike a regulatory balance between satisfying the interests derived from individuals' right to privacy and states' defence of national security. However, the goal of this work is not to conduct an abstract analysis of the interrelations of these, sometimes conflicting, interests but to find practical solutions to a present issue, this is, the absence of a common EU-US regulatory framework governing transfers of personal data of European citizens to the US.
Personal data flows have become central in nowadays global economy, in which companies provide services in parts of the world where they do not have to be physically present thanks to the ever-spread use of technology devices in our daily lives. Smartphones, smartwatches, or smart TVs, all these gadgets constantly gather information to an extent that the users affected by this phenomenon cannot begin to imagine. This information is processed for commercial purposes, in most cases, making it extremely valuable for companies, but governments across the world have also found other alternative uses that can serve their security goals. The vast amount of data collected allows drawing detailed profiles of individuals’ political and economic choices, sex, race, or daily habits, granting the authorities an unprecedented power to breach individuals’ privacy in ways that cannot be perceived by those that are targeted.
It is in this context that regulating EU-US personal data flows becomes of great relevance, given the importance that economic relationships between both markets have for them. Nevertheless, previous attempts to do so have failed to reconcile the US legal framework on national security with the EU one on privacy and data protection, ultimately resulting in the invalidation of the previously reached agreements between both actors. Therefore, throughout this thesis, a solution to this problem will be sought, to ascertain if it is possible and realistic for privacy to be prioritized over national security interests in the EU-US relationship, and if not, to what extent can individuals’ privacy be safeguarded to offer the highest degree of protection possible.
To guide the process of analysis, Robert Alexy's theory of conflicting rights will be used, serving several purposes. Firstly, it will provide tools and mechanisms through which to understand the choices made by US and EU legislators in making decisions related to the balance between privacy and national security. Secondly, it will allow conclusions to be drawn about these elections in both legislative systems; and thirdly, due to the common argumentative background from which these conclusions emanate, it will be possible to carry out a comparative exercise between them that yields substantive and valuable results. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9096100
- author
- Alonso-Calo Soto, Enrique LU
- supervisor
- organization
- course
- JAMM07 20221
- year
- 2022
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- the right to privacy, the right to data protection, security, national security, surveillance, international personal data flows, EU-US relations
- language
- English
- id
- 9096100
- date added to LUP
- 2022-08-25 15:55:00
- date last changed
- 2022-08-25 15:55:00
@misc{9096100,
abstract = {{This thesis seeks to determine whether it is possible to strike a regulatory balance between satisfying the interests derived from individuals' right to privacy and states' defence of national security. However, the goal of this work is not to conduct an abstract analysis of the interrelations of these, sometimes conflicting, interests but to find practical solutions to a present issue, this is, the absence of a common EU-US regulatory framework governing transfers of personal data of European citizens to the US.
Personal data flows have become central in nowadays global economy, in which companies provide services in parts of the world where they do not have to be physically present thanks to the ever-spread use of technology devices in our daily lives. Smartphones, smartwatches, or smart TVs, all these gadgets constantly gather information to an extent that the users affected by this phenomenon cannot begin to imagine. This information is processed for commercial purposes, in most cases, making it extremely valuable for companies, but governments across the world have also found other alternative uses that can serve their security goals. The vast amount of data collected allows drawing detailed profiles of individuals’ political and economic choices, sex, race, or daily habits, granting the authorities an unprecedented power to breach individuals’ privacy in ways that cannot be perceived by those that are targeted.
It is in this context that regulating EU-US personal data flows becomes of great relevance, given the importance that economic relationships between both markets have for them. Nevertheless, previous attempts to do so have failed to reconcile the US legal framework on national security with the EU one on privacy and data protection, ultimately resulting in the invalidation of the previously reached agreements between both actors. Therefore, throughout this thesis, a solution to this problem will be sought, to ascertain if it is possible and realistic for privacy to be prioritized over national security interests in the EU-US relationship, and if not, to what extent can individuals’ privacy be safeguarded to offer the highest degree of protection possible.
To guide the process of analysis, Robert Alexy's theory of conflicting rights will be used, serving several purposes. Firstly, it will provide tools and mechanisms through which to understand the choices made by US and EU legislators in making decisions related to the balance between privacy and national security. Secondly, it will allow conclusions to be drawn about these elections in both legislative systems; and thirdly, due to the common argumentative background from which these conclusions emanate, it will be possible to carry out a comparative exercise between them that yields substantive and valuable results.}},
author = {{Alonso-Calo Soto, Enrique}},
language = {{eng}},
note = {{Student Paper}},
title = {{The feasibility of reaching an effective EU-US agreement regulating transatlantic personal data flows}},
year = {{2022}},
}