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AnthonyFikryFirstPaper 20 - 27 Apr 2024 - Main.EbenMoglen
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< | A Comparative Examination of Data Privacy Laws in the United States and the European Union, with Particular Reference to the General Data Protection Regulation | >
> | A Comparative Examination of Data Privacy Laws in the United States and the European Union, with Particular Reference to the General Data Protection Regulation | | | In an age where personal data has become a valuable commodity for advertisers and organizations at large, the need for robust data privacy legislation has emerged as a defining issue of our time. The General Data Protection Regulation (GDPR), enacted by the European Union (EU) in 2018, represents a comprehensive framework aimed at safeguarding individuals' privacy rights in the digital world. In contradistinction to the EU, the United States lacks a comprehensive data privacy law applicable to all types of data and domestic companies. Instead, data privacy laws in the U.S. tend to be more fragmentary with various state-level regulations governing different sectors and types of data. In the remarks that follow, I shall provide an overview of data privacy laws in the U.S. and the EU, and then subsequently examine whether the U.S. could adopt the GDPR or a similar federal statute to address the shortcomings of its current data privacy regulations. | | | The question arises as to whether the US would stand to gain from the adoption of a GDPR-like statute. Proponents may argue that the need for such a statute is even more pronounced in America as most Big Tech companies are American. Others may argue that a statute akin to the GDPR would be defective in the U.S. because it is simply too different from the EU in terms of its institutions and values. A statute such as the GDPR is arguably at variance with America's capitalistic ethos. The GDPR’s stringent requirements and its compliance costs, coupled with potential fines for noncompliance, constitute market distortions. As such, so the argument goes, they may prove inimical to the free market competition which lies at the heart of America’s capitalistic economic system. Moreover, small and medium-sized businesses would bear the brunt of such costs, which increases barriers to entry in the market, and thus arguably stifles the competition and innovation on which America places so high a premium.
As data breaches and privacy concerns continue to arise, the U.S. faces increasing pressure to solidify its data privacy regulations. While the adoption of a GDPR-like statute presents challenges owing to cultural, legal, and economic disparities, it also offers an opportunity to enhance individual rights and bolster consumer trust in the digital marketplace. By considering and navigating the complexities inherent in the potential adoption of robust data privacy legislation such as the GDPR, the U.S. can work towards establishing itself as a global leader in safeguarding data privacy rights. | |
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This draft exaggerates the social difference between opt-in and opt-out "data protection." It does not actually inquire into the regimes regarding state listening (which all GDPR implementing national legislation leaves unaffected). It does not discuss the actual "safe-harboring" approach to the global status of supposedly GDPR-covered personal information. It could afford to lose 150 words of introductory or otherwise unnecessary explication in order to have room to deal with these and similar further considerations.
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