Balancing National Security and Data Protection
The Role of EU and US Policy‐Makers and Courts before and after the NSA Affair
Bibliographic Data
| ID | 10070845 |
|---|---|
| Authors | Anna Dimitrova (0000-0003-2715-9276, ESSCA School of Management France, corresponding author), Maja Brkan (0000-0001-7149-2805, Maastricht University) |
| Year | 2017 |
| Volume | 56 |
| Issue | 4 |
| Pages | 751-767 |
| Publication date | 2017-09-04 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | JCMS Journal of Common Market Studies (JOURNAL) |
| Journal identifiers | ISSN: 0021-9886 • E-ISSN: 1468-5965 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/jcms.12634 |
| OpenAlex | W2751951579 |
| Language | EN |
| Citations received | 3 |
| References cited | 16 |
Based on the unparalleled number of recent data protection reforms triggered by Snowden's revelations on both sides of the Atlantic, this article aims to examine the interplay between the two main transatlantic actors striking the balance between national security and privacy, namely EU and US policy‐makers and courts. We argue, on the one hand, that the NSA affair has opened a window to policy‐makers to pursue reforms in order to attain a level of adequacy of their respective data protection legal regimes. On the other hand, although some data protection reforms have been adopted by legislators in response to courts acting as reformers in the post‐Snowden context, the EU and US courts' approaches to balancing national security and data protection remain diametrically opposite. Drawing upon recent case law, we demonstrate that US courts continue to tilt the balance in favour of national security while EU courts retain their pro‐privacy stance
Balance (ability · Business · Computer security · Context (archaeology · Data Protection Act 1998 · Law and economics · National security · Order (exchange · Political science · Security policy · Sociology · European Criminal Justice and Data Protection · German Security and Defense Policies · Law · Ombudsman and Human Rights · Public Administration
Privacy and Power
The Politics of Global Regulation
‘The Court Hereby Rules…’ – Legal Developments in EU Fundamental Rights Protection
Transatlantic flight fights
Deconstructing Data Protection
The Role of the European Parliament and the US Congress in Shaping Transatlantic Relations
Transatlantic Politics of Data Transfer
The Two Western Cultures of Privacy
Conceptualizing Privacy
After Snowden
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,6 |
| Citation span | 2021 - 2026 (6) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 3 |