The Adequacy of Privacy
The European Union Data Protection Directive and the North American Response
Bibliographic Data
| ID | 11373157 |
|---|---|
| Authors | COLIN J BENNETT CHARLES D RAAB COLIN J BENNETT CHARLES D RAAB, COLIN J BENNETT CHARLES D RAAB (corresponding author) |
| Year | 1997 |
| Volume | 13 |
| Issue | 3 |
| Pages | 245-264 |
| Publication date | 1997-09-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | The Information Society (JOURNAL) |
| Journal identifiers | ISSN: 0197-2243 • E-ISSN: 1087-6537 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/019722497129124 |
| OpenAlex | W2006436563 |
| Language | EN |
| Citations received | 8 |
| References cited | 5 |
The recently passed European Directive on the Protection of Personal Data aims to harmonize European data protection law at a higher level of protection than exists now. It represents a European consensus on a standard for personal privacy and a model for countries without data protection laws. The protracted process for agreement and ratification, however, has produced a document with many derogations and ambiguities, reflecting the wider moves towards ''subsidiarity'' within the European Union. Of concern to North America is the stipulation that transborder data flow may not be permitted unless the receiving country can demonstrate an ''adequate'' level of protection. While the process through which this provision will be interpreted and applied is so far found to be complicated and unclear, nevertheless European authorities will be reluctant to tolerate ''data havens,'' a fact that should concern North American business that relies on the unimpeded flows of personal data from and to Europe. Neither Canada nor the United States can claim ''adequate'' data protection according to the European standard. However, Canadian efforts through the Canadian Standards Association and the Federal Information Highway Advisory Council signal an attempt to fashion a more comprehensive policy framework for privacy than the more incremental and reactive approach of the United States. This divergence is explained by key cultural, economic, and political factors within Canada, which have caused a different reaction to the extraterritorial effects of the European Union's Data Protection Directive
Business · Data Protection Act 1998 · Data Protection Directive · Directive · European union · European Union law · FTC Fair Information Practice · General Data Protection Regulation · Information privacy · Information privacy law · International trade · Political science · Politics · Privacy policy · Ratification · Stipulation · Subsidiarity · Criminal Law and Evidence · European Criminal Justice and Data Protection · Law · Legal Rights and Human Rights · Public Administration
Mobile Organizing Using Information Technology (Mobit)
Reloading Data Protection
Measuring the Brussels Effect through Access Requests
Introduction
Policy innovation, convergence and divergence
Trading Up in the Transatlantic Relationship
Am I my IP address's keeper? Revisiting the boundaries of information privacy
Affecting trust
| Citations per year | 0.31 |
|---|---|
| Citation span | 2000 - 2021 (22) |
| Highly cited | No |