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Trans-Atlantic Data Privacy Relations as a Challenge for Democracy

Book | 1st edition 2017 | World | Dan Svantesson, Dariusz Kloza

‘I think you are misunderstanding the perceived problem here, Mr President. No one is saying that you broke any laws. We are just saying it is a little bit weird that you did not have to.’

- John Oliver
The Daily Show, 10 June 2013

‘John Oliver formulated in this context the very question about the limits, about the use and abuse, of the law and of the state’s power when it comes to global mass surveillance practices. Where does lie the ‘thin red line’ between the two legitimate yet seemingly competing interests: national security and privacy? […] The result we present to the reader might seem merely another book about the Snowden affaire and the fall of Safe Harbor, but these two have been (only) an inspiration. Our object of interest is the protection of data privacy in relations between Europe and Americas as a challenge for democracy, the rule of law and fundamental rights. […] The present book is very clearly an anthology – it is a compilation of diverse contributions, from different perspectives, within a broad topic. Our aim with this volume is to highlight a selection of particularly ‘hot’ questions within the topic of trans-Atlantic data privacy relations as they look at the end of 2016. […] In the final chapter, we draw out and highlight those themes we see emerging within the body of this work. We eventually attempt to suggest a few lessons de lege ferenda.

- from the Preface by the editors
‘Under the ‘Lisbon Treaties’, which are in force since 2009, the European Union regards itself as a distinct political entity, which is not a federation of Member States, but it is held together – as Luuk van Middelaar says – with a “unique, invisible glue”. This connection is grounded with shared goals. One of them – expressed both in the Treaty on the Functioning of the European Union (Article 16) and in the Charter of Fundamental Rights of the European Union (Articles 7 and 8) is a unique obligation to protect personal data. Stating that everyone has the right to the protection of personal data concerning them, the European Union feels obliged to observe how safe is the data both held in its territory and transferred outside thereof’

- from the Foreword by Wojciech R. Wiewiórowski,
Assistant European Data Protection Supervisor

‘Privacy and data protection are topics of international significance. While the EU–US relationship gets a great deal of attention, there are also many crucial issues of a more global nature. This book includes contributors of international stature who deal with Snowden and Safe Harbour, but also go beyond them to address some of the key topics affecting privacy at the international level. The topics are timely and the authors highly qualified, and the book will be of interest to anyone interested in privacy and data protection law and policy.’

– Dr Christopher Kuner,
Co-Director, Brussels Privacy Hub, Vrije Universiteit Brussel,
editor-in-chief, International Data Privacy Law

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9781780684345 / 9781780685786
Series name European Integration and Democracy Series
Weight 995 g
Status Available
Number of pages xl + 568 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date May 12, 2017
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No


  • Table of Contents
  • 1. Transnational Data Privacy in the EU Digital Single Market Strategy
  • 2. Principles for US–EU Data Flow Arrangements
  • 3. The Role of Proportionality in Assessing Trans-Atlantic Flows of Personal Data
  • 4. US Surveillance Law, Safe Harbour and Reforms Since 2013
  • 5. The Paper Shield: On the Degree of Protection of the EU–US Privacy Shield against Unnecessary or Disproportionate Data Collection by the US Intelligence and Law Enforcement Services
  • 6. International Data Transfers in Brazil
  • 7. From ACTA to TTIP: Lessons Learned on Democratic Processand Balancing of Rights
  • 8. Free Trade Agreements and Data Privacy: Future Perils of Faustian Bargains
  • 9. Nine Takeaways on Trade and Technology
  • 10. Extraterritoriality in the Age of the Equipment-Based Society: Do We Need the ‘Use of Equipment’ as a Factor for the Territorial Applicability of the EU Data Protection Regime?
  • 11. Jurisdictional Challenges Related to DNA Data Processing in Transnational Clouds
  • 12. Regulating Economic Cyber-Espionage among States under International Law
  • 13. Terrorism and Paedophilia on the Internet: A Global and Balanced Cyber-Rights Response Is Required to Combat Cybercrime, Not Knee-Jerk Regulation
  • 14. Understanding the Perpetuation of ‘Failure’: The 15th Anniversary of the US Terrorist Finance Tracking Programme
  • 15. Does It Matter Where You Die? Chances of Post-Mortem Privacy in Europe and in the United States
  • 16. The Right to be Forgotten, from the Trans-Atlantic to Japan
  • 17. Is the Definition of Personal Data Flawed? Hyperlink as Personal Data (Processing)
  • 18. Big Data and ‘Personal Information’ in Australia, the European Union and the United States
  • 19. Blending the Practices of Privacy and Information Security to Navigate Contemporary Data Protection Challenges
  • 20. It’s All about Design: An Ethical Analysis of Personal Data Markets
  • 21. Evaluation of US and EU Data Protection Policies Based on Principles Drawn from US Environmental Law
  • 22. Flagrant Denial of Data Protection: Redefining the Adequacy Requirement
  • 23. A Behavioural Alternative to the Protection of Privacy
  • 24. The Future of Automated Privacy Enforcement
  • 25. Moving Beyond the Special Rapporteur on Privacy with the Establishment of a New, Specialised United Nations Agency: Addressing the Deficit in Global Cooperation for the Protection of Data Privacy
  • 26. Convention 108, a Trans-Atlantic DNA?
  • 27. Landscape with the Rise of Data Privacy Protection