Critical Analysis of Divergent Approaches to Protection of Personal Data

International Journal of Advanced Research in Computer Science, ISSN No. 0976-5697, Volume 8, No. 7, July-August 2017

6 Pages Posted: 26 Jun 2017 Last revised: 20 Aug 2017

See all articles by Sandeep Mittal

Sandeep Mittal

Government of India - Lok Nayak Jayaprakash Narayan National Institute of Criminology & Forensic Science; Member, Indian Police Service

Date Written: June 24, 2017

Abstract

The protection of privacy and confidentiality of personal data generated on internet at residence and in motion within and across the border is a cause of concern. The European Union and United States have adopted divergent approaches to this issue mainly due to varying socio-cultural backgrounds. With the globalisation of businesses facilitated by internet revolution, the economic considerations out-weighed the rights consideration, and the right based approach started buckling the pressure of economic based approach but was checked by the Schrem’s case. The negotiation under TTP and TTIP has a tendency to forgo the privacy rights of the individuals over business considerations in tune with the US tactics of weakening the privacy laws through Free Trade Agreements. It has been demonstrated that a balanced approach in which individual control over data is desirable but should not be absolute, control rights are reinforced by structural safeguards or architectural controls would be desirable.

Keywords: Personal Data, Internet Governance, Right to Privacy, Data Privacy Protection, Trans-Pacific Partnership (TPP), Transatlantic Trade and Investment Partnership (TTIP), Protection of Privacy

Suggested Citation

Mittal, Sandeep, Critical Analysis of Divergent Approaches to Protection of Personal Data (June 24, 2017). International Journal of Advanced Research in Computer Science, ISSN No. 0976-5697, Volume 8, No. 7, July-August 2017. Available at SSRN: https://ssrn.com/abstract=2992049 or http://dx.doi.org/10.2139/ssrn.2992049

Sandeep Mittal (Contact Author)

Government of India - Lok Nayak Jayaprakash Narayan National Institute of Criminology & Forensic Science ( email )

Outer Ring Road, Rohini, Sector 3,
Adjacent to Jaipur Golden Hospital
Delhi, 110085
India

HOME PAGE: http://mittal.one

Member, Indian Police Service ( email )

New Delhi
India

HOME PAGE: http://mittal.one

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