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48 Geo. J. Int'l L. 263 (2016-2017)
Consumer Privacy on an International Scale: Conflicting Viewpoints Underlying the EU-U.S. Privacy Shield Framework and How the Framework Will Impact Privacy Advocates, National Security, and Businesses

handle is hein.journals/geojintl48 and id is 267 raw text is: CONSUMER PRIVACY ON AN INTERNATIONAL SCALE: CONFLICTING VIEWPOINTS UNDERLYING THE EU-U.S. PRIVACY SHIELD FRAMEWORK AND HOW THE FRAMEWORK WILL IMPACT PRIVACY ADVOCATES, NATIONAL SECURITY, AND BUSINESSES SHERRIJ. DECKELBOIM* ABSTRACT Despite differing standards for online privacy and data transfers, the United States and the EU exchange vast amounts of personal data every day as part of the transatlantic economy. However, recent revelations from Edward Snowden concerning U.S. data surveillance practices have led to distrust of the United States among its trade partners, including the EU. As a result, the two parties have negotiated new guiding principles for data transfers in the form of the EU-US. Privacy Shield Framework. The Privacy Shield reportedly accounts for modern developments in EU human rights law and modifications to U.S. surveil- lance practices following the Snowden revelations and subsequent backlash. Through this instrument, the United States attempts to provide for greater privacy protections and recourse methods as compared to prior trade instruments, yet strong similarities to prior instruments will likely draw backlash against the Privacy Shield from privacy advocates. In addition, the voluntary nature of the Privacy Shield presents businesses with a choice of whether to comply with the contentious Privacy Shield or to pursue alternative options that may result in challenges for national security, such as encyption. This Note evaluates the potential impact of the Privacy Shield through the lens of the differing historical backgrounds of U.S. and EU privacy practices. It also traces the trajectory of attempts by the United States and EU to bridge the gap between Privacy practices for the purpose of data privacy in trade. * SherriJ. Deckelboim is aJ.D. Candidate at Georgetown University Law Center, graduating in May 2017. She is currently the Senior Notes Editor for the Georgetown Journal ofInternationalLaw. Sherri holds a B.S. with concentrations in Marketing and Operations & Information Management from the Wharton School of the University of Pennsylvania. She would like to thank Professor James Zirkle of Georgetown University Law Center for his insight and guidance during the drafting of this Note, the editors and staff of the Georgetown Journal ofInternational Law for their time and assistance, and her family and friends for their support. © 2016, SherriJ. Deckelboim. This Note was selected as a result of an objective and anonymous evaluation process involving Georgetown Journal of International Law Notes Editors and the Georgetown Journal of Interna- tional Law's Editor-in-Chief, Shannon Togawa Mercer. The GeorgetownnJournal ofInternational Law takes seriously its commitment to publishing the best and most compelling academic work, regardless of the author's affiliation with theJournal or the wider University.

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