1. EU Privacy Regulation: Implications for U.S. and EI Law Enforcement
- Author:
- Carlton Forbes and Jacob Victor
- Publication Date:
- 12-2012
- Content Type:
- Working Paper
- Institution:
- Center for Global Legal Challenges, Yale Law School
- Abstract:
- In January 2012, the European Commission released drafts of two new pieces of legislation that would provide more stringent and more uniform regulation to the processing of electronic data relating to EU citizens. The proposed General Data Protection Regulation would govern the processing of data for general purposes, while the proposed Criminal Justice Directive would govern data processed in the specific context of criminal investigations. The Data Protection Regulation has proven controversial because of the significant number of requirements it imposes on private data processors, including requirements that the processor notify a consumer when her data is shared with a third party, and requirements that processors respect a number of new individual rights, such as the right of a consumer to request that her data be deleted (a.k.a. “the right to be forgotten”). Furthermore, the Regulation would mandate that many non-EU corporations would need to comply with its requirements when processing the data of EU citizens, or face harsh penalties. This memo summarizes the existing EU data protection regime, analyzes the changes proposed by the new Data Protection Regulation and Criminal Justice Directive, and explores the implications of this new legislation for U.S. criminal and national security investigations. We arrive at three main conclusions
- Topic:
- Law Enforcement, Law, European Union, Regulation, and Legal Theory
- Political Geography:
- Europe, North America, and United States of America