Privacy Across Borders (LAW-795TP-001)
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New technologies generate a torrent of personal data that fuel global commerce and deliver other important societal benefits, but that also pose critical risks to privacy. Not only do legal frameworks often lag behind technological change, but they also adopt different approaches to protecting privacy. These differences can lead to friction between countries, creating barriers to cross-border data flows. Is privacy conflict inevitable at the international level? Are there ways to transcend differences in a manner that both protects privacy and secures the benefits of new technologies? This seminar will explore the regulatory and oversight structures that countries are putting in place to ensure that society realizes technology's promise while managing its privacy risks. In this seminar students will learn the fundamentals of U.S., European and other regional privacy frameworks, and examine how differences in those frameworks have created legal and policy conflicts that pose challenges for cross-border flows of data. We will examine in particular how national security considerations have injected tension in the trans-Atlantic space. We will then review approaches to transcending such conflicts, including the role played by international agreements such as those between the U.S. and the EU. In addition, we will study other multilateral approaches, such as those pursued by the Organization for Economic Co-operation and Development (OECD) and Asian-Pacific Economic Cooperation (APEC). Students will complete the course with a rich understanding of how different privacy approaches across borders can lead to both conflict and convergence.
Textbooks and Other Materials
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First Class Readings
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