The purpose of this Essay is to examine current EU and U.S. approaches to data protection in the context of the debate about transborder data flows. Part I begins by outlining the EU approach and the criteria governing data transfers to third countries. Part II examines the scope for self-regulation by organizations to safeguard personal data. Part III reviews the main features of the U.S. model of data protection. Then Part IV critically examines several recent U.S. initiatives to enhance privacy in the light of the EU criteria. This Essay concludes by assessing the potential for reconciling the discontinuities between the two models.
Graham Pearce and Nicholas Platten,
Orchestrating Transatlantic Approaches to Personal Data Protection: A European Perspective,
22 Fordham Int'l L.J. 2024
Available at: https://ir.lawnet.fordham.edu/ilj/vol22/iss5/5