Enforcing Privacy Across Different Jurisdictions

Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review

Abstract

In any context where there are differences in substantive law, jurisdictional issues arise. In light of the considerable differences in various countries’ data privacy laws, questions of jurisdiction and applicable law are of crucial importance. This chapter explores how such issues may impede the effective operation of data privacy laws. This is a topic that so far has gained surprisingly little attention. The chapter argues that investigative jurisdiction should be recognised as distinct to the jurisdiction to make rules, adjudicate disputes and enforce the law, and that extraterritorial claims of jurisdiction may fill a function even where they are difficult to enforce. In addition to a discussion of the legal considerations where data privacy agencies (DPAs) are seeking to enforce privacy across different jurisdictions, this chapter pays attention to the legal issues that arise where individuals are doing so. It also analyses both successful and unsuccessful attempts by major Internet companies to rely on a particular corporate structure to meet legal challenges. Finally, the chapter examines the implications the International Covenant on Civil and Political Rights (ICCPR) may have on the enforcement of privacy across different jurisdictions.
Original languageEnglish
Title of host publicationEnforcing Privacy: Regulatory, Legal and Technological Approaches
EditorsDavid Wright, Paul De Hert
Place of PublicationGermany
PublisherSpringer
Pages195-222
Number of pages28
Volume25
ISBN (Electronic)978-3-319-25047-2
ISBN (Print)978-3-319-25045-8
DOIs
Publication statusPublished - 2016

Publication series

NameLaw, Governance and Technology Series

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privacy
jurisdiction
privacy law
Law
political right
civil rights
Internet

Cite this

Svantesson, D. J. B. (2016). Enforcing Privacy Across Different Jurisdictions. In D. Wright, & P. De Hert (Eds.), Enforcing Privacy: Regulatory, Legal and Technological Approaches (Vol. 25, pp. 195-222). (Law, Governance and Technology Series). Germany: Springer. https://doi.org/10.1007/978-3-319-25047-2_9
Svantesson, Dan Jerker B. / Enforcing Privacy Across Different Jurisdictions. Enforcing Privacy: Regulatory, Legal and Technological Approaches. editor / David Wright ; Paul De Hert. Vol. 25 Germany : Springer, 2016. pp. 195-222 (Law, Governance and Technology Series).
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Svantesson, DJB 2016, Enforcing Privacy Across Different Jurisdictions. in D Wright & P De Hert (eds), Enforcing Privacy: Regulatory, Legal and Technological Approaches. vol. 25, Law, Governance and Technology Series, Springer, Germany, pp. 195-222. https://doi.org/10.1007/978-3-319-25047-2_9

Enforcing Privacy Across Different Jurisdictions. / Svantesson, Dan Jerker B.

Enforcing Privacy: Regulatory, Legal and Technological Approaches. ed. / David Wright; Paul De Hert. Vol. 25 Germany : Springer, 2016. p. 195-222 (Law, Governance and Technology Series).

Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review

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AB - In any context where there are differences in substantive law, jurisdictional issues arise. In light of the considerable differences in various countries’ data privacy laws, questions of jurisdiction and applicable law are of crucial importance. This chapter explores how such issues may impede the effective operation of data privacy laws. This is a topic that so far has gained surprisingly little attention. The chapter argues that investigative jurisdiction should be recognised as distinct to the jurisdiction to make rules, adjudicate disputes and enforce the law, and that extraterritorial claims of jurisdiction may fill a function even where they are difficult to enforce. In addition to a discussion of the legal considerations where data privacy agencies (DPAs) are seeking to enforce privacy across different jurisdictions, this chapter pays attention to the legal issues that arise where individuals are doing so. It also analyses both successful and unsuccessful attempts by major Internet companies to rely on a particular corporate structure to meet legal challenges. Finally, the chapter examines the implications the International Covenant on Civil and Political Rights (ICCPR) may have on the enforcement of privacy across different jurisdictions.

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Svantesson DJB. Enforcing Privacy Across Different Jurisdictions. In Wright D, De Hert P, editors, Enforcing Privacy: Regulatory, Legal and Technological Approaches. Vol. 25. Germany: Springer. 2016. p. 195-222. (Law, Governance and Technology Series). https://doi.org/10.1007/978-3-319-25047-2_9