U_S_Response_to_EEU_Data_Directive

U_S_Response_to_EEU_Data_Directive - Copyright (c) 2006...

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Copyright (c) 2006 Northwestern University School of Law Fall, 2006 LENGTH: 14973 words Comment: Falling Short of the Mark: The United States Response to the European Union's Data Privacy Directive NAME: Morey Elizabeth Barnes* BIO: * J.D. Candidate, 2007, Northwestern University School of Law. Thank you to my mother, Professor Sarah Jane Hughes of the Indiana University School of Law - Bloomington, for her editorial assistance with this comment. Author's Note: This comment addresses only legislative proposals made during the first session of the 109th Congress, and discussion is limited to a handful that could impact the operation of the U.S.-E.U. Safe Harbor. This comment is not intended to analyze all legislative proposals that would impact consumer privacy. For instance, it does not consider transfers of passenger data, which the United States and European Union addressed in a decision issued in October 2006. Discussion of the legislative proposals is current as of July 31, 2006. SUMMARY: ... In the spring and summer of 2005, the headlines of America's major newspapers provided a constant reminder of an issue about which Americans have grown increasingly worried: data security. . .. In a significant departure from those previous international guidelines, whose adoption by member nations was voluntary, the Data Privacy Directive provides E.U. Member States with mandatory baseline standards for domestic legislation protecting personal data. . .. Article 25 of the Data Privacy Directive prohibits the transfer of personal data to non-member countries whose regulatory frameworks do not provide an "adequate level of protection" (as defined elsewhere in the Data Privacy Directive) for the privacy of domestic and/or shared consumer data. . .. The concerns that prompted the enactment of sector-specific privacy legislation in the 1980s and 1990s, as well as those that led to the creation of the Safe Harbor, focused renewed legislative attention on consumer data privacy beginning in 2000. . .. The Safe Harbor, GLBA, and other U.S. legislation passed subsequent to the Data Privacy Directive reinforce the U.S. adherence to its traditional market-based approach to privacy regulation. . .. These similarities to the Data Privacy Directive's approach could help close the gap between current U.S. and E.U. regulatory policy, without forcing the United States to abandon its traditional approach to regulation. . ..
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TEXT: I. INTRODUCTION In the spring and summer of 2005, the headlines of America's major newspapers provided a constant reminder of an issue about which Americans have grown increasingly worried: data security. Rather than publicizing the war in Iraq or the buzz over potential Supreme Court nominees, these headlines warned: "Info theft slams chain: 1.4 million card numbers stolen;" n1 "Poll Says Identity Theft Concerns Rose After High-Profile Breaches;" n2 "Data Security Breaches Alarm Consumers." n3
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U_S_Response_to_EEU_Data_Directive - Copyright (c) 2006...

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