Enforcing Privacy Across Different Jurisdictions

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.