In this book, Yuko Suda examines the Safe Harbor debate, the passenger name record (PNR) dispute, and the Society for Worldwide Interbank Financial Transactions (SWIFT) affair to understand the transfer of personal data from the European Union (EU) to the United States. She argues that the Safe Harbor, PNR, and SWIFT agreements were made to mitigate the potentially negative effects that may arise from the beyond-the-border reach of EU data protection rules or US counterterrorism regulation. A close examination of these high-profile cases would reveal how beyond-the-border reach of one jurisdiction’s regulation might affect another jurisdiction’s policy and what responses the affected jurisdiction possibly makes to manage the effects of such extraterritorial regulation.
The Politics of Data Transfer adds another dimension to the study of transatlantic data conflicts by assuming that the cases exemplify not only the politics of data privacy but also the politics of extraterritorial regulation. A welcome and timely collection uncovering the evolution of and prospects for the politics of data privacy in the digitalized and interconnected world.
'Personal information is the 21st century’s currency of power. And like gold or paper money, it finds itself increasingly at the center of global political struggles. The Politics of Data Transfer deftly demonstrates that unlike regimes for trade or monetary policy, the political battle is not centered at the tables of international organizations like the World Trade Organization or the International Monetary Fund. Instead, it paints a world in which domestic law (in this case European rules on data privacy) spillover globally, roiling trade and security relations. How these disputes get resolved will determine the terms of global competition as well as the extent of cooperation over key policy issues like counter-terrorism. This book is an excellent call to arms, reminding us to take such dynamics seriously.' - Abraham Newman, Director, Mortara Center for International Studies, Georgetown University
1. The Politics of Data Privacy
2. Politics of Extraterritorial Regulation
3. The EU Data Protection Directive
4. From Safe Harbor to Privacy Shield
5. The PNR Dispute
6. The EU PNR Directive
7. The SWIFT Affair
8. Data Privacy and Free Trade Agreements