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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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