Rethinking Privacy Beyond Borders. Developing Transnational Rights on Data Privacy

Published in 20 Tilburg Law Review 2015, 78-102

19 Pages Posted: 12 Oct 2021 Last revised: 7 Feb 2022

See all articles by Konrad Lachmayer

Konrad Lachmayer

Sigmund Freud University, Faculty of Law

Date Written: September 6, 2015

Abstract

This paper analyses the tension between transnational data exchange by police authorities as well as intelligence agencies on the one hand and the need for data privacy on the other hand. Section 2 starts with an analysis of the current developments in the European Union and illustrates that a rights-based approach can overcome the ambivalent dynamics of counter-terrorism and police cooperation regarding data privacy. Section 3 opens up the European perspective towards a broader comparative overview of data protection in the United States (US) and Australia. The domestic potential of a rights-based approach of data privacy with regard to counter-terrorism and police investigations will be figured out. Section 4 finally suggests an international rights-based approach to tackle the problem of data privacy in transnational counter-terrorism activities and concludes that more distinct rights of individuals have to be developed with regard to data privacy on a national and international level.

Keywords: Privacy, Rights, Data Protection, International Law, Comparative Constitutional Law, Constitutional Law, Terrorism, European Union, Human Rights, EU, European Union, Rule of Law [comma separated]

Suggested Citation

Lachmayer, Konrad, Rethinking Privacy Beyond Borders. Developing Transnational Rights on Data Privacy (September 6, 2015). Published in 20 Tilburg Law Review 2015, 78-102, Available at SSRN: https://ssrn.com/abstract=3918332

Konrad Lachmayer (Contact Author)

Sigmund Freud University, Faculty of Law ( email )

Freudplatz 3
Vienna, 1020
Austria

HOME PAGE: http://www.lachmayer.eu

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
11
Abstract Views
92
PlumX Metrics