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Post-Digital Era Reconciliation Between United States and European Union Privacy Law Enforcement

Publication Title

Washington University Global Studies Law Review

Abstract

Post-internet technology, unlike any other global industry, has eroded the legal and political boundaries that separate countries. Companies are able to request, access, and send information across borders in the blink of an eye, unbound by a properly protective legal framework, which is lagging behind. Additionally, consumers are relying on technology more than ever, trusting companies with their highly sensitive personal information on a daily basis. A global privacy enforcement framework that properly protects consumers and their personal information is crucial to ensure privacy and safety to consumers in a world moving towards greater internet dependence. While the United States is relying on a piecemeal approach to data privacy regulation and enforcement, the European Union drafted the General Data Protection Regulation, which is a comprehensive data protection regulation that applies to any company doing business in the European Union. It is no longer feasible to allow a dichotomy of enforcement for a data privacy violation simply based on jurisdiction. To make sure that consumers’ personal data is protected regardless of the consumers’ nationality, it is imperative to create a global privacy law enforcement regime that protects all consumers. This Note examines the development of contemporary privacy law, compares and contrasts the approaches to privacy regulation in the U.S. and EU, and ultimately proposes avenues for reconciliation between the two approaches to ensure the access to safe, protected, and accessible cross-border data.

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