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Browsing by Subject "Comparative Law"

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  • Comparing the European Union’s and North Atlantic Treaty Organization’s Privacy and Data Protection Policies : Finland Compared to Germany 
    Gockel, Janette (2023)
    This thesis sought to remedy the lack of information about the main differences and similarities between the European Union’s (EU) and North Atlantic Treaty Organization’s (NATO) privacy and data protection policies. To do so, it outlined both organizations’ publicly available privacy and data protection policies, as well as defined the big picture of the global legal instruments related to the topic. To understand what the impact of these policies to the members of both was, a comparison was made between Finland and Germany. The chosen methodology was comparative law. The key results indicated that main emphasis of the EU is on human rights protection. This is proven by the GDPR, which recognizes privacy as a fundamental human right. The need to safeguard the privacy of users is prioritized throughout the EU’s jurisdiction by aiming to protect data. There is a strong contrast compared to NATO, which puts the strategic interests of their allies first. NATO aims to ensure that it can leverage data as a strategic resource. Members of both must find balance between these different interests, while being part of the international community. In principle, where the EU and international agreements handle civilian matters in privacy and data protection, there NATO covers military matters. However, the rising geopolitical tensions has led to a situation where the role of the EU might be changing. The political decisions the EU is now taking will shape the future of the EU-NATO cooperation as well as privacy and data protection policies, to be possibly used in a more strategic way.
  • The Interplay Between the Application of Article 3(") and Chapter V of the GDPR 
    Salo, Ilona (2023)
    The European Union’s (EU) General Data Protection Regulation (GDPR) guarantees a high level of data protection for individuals in the European Union (EU data subjects). Other jurisdictions may not guarantee an equivalent level of protection, and therefore the GDPR has mechanisms through which it ensures that personal data is protected when processed extraterritorially. The two main mechanisms examined in this research paper are the rules on territorial scope under Article 3(2) and those for international data transfers in Chapter V GDPR. The mechanisms may apply simultaneously, and their interplay is not regulated by the GDPR, resulting in confusion and inconsistent application of the two protective mechanisms. The confusion has resulted in two approaches to addressing how the mechanisms should interact when applied simultaneously: the ‘cumulative’ and the ‘compensatory’ approaches. The cumulative approach advocates for the simultaneous application of the two rules, while the compensatory advocates for the disapplication of Chapter V when Article 3(2) applies. The presence of two approaches may undermine the rule of law and the general reception of the data protection measures in a foreign jurisdiction, and thusly, clarifications of the law is needed. Considering the above, the aim of this work is to (1) ascertain the overlap between Article 3(2) and Chapter V, and (2) evaluate which of the two approaches –‘cumulative’ or ‘compensatory’ – better achieves the EU data protection framework’s objective of ensuring extraterritorial data protection. In chapter 2, the research evaluates the extent of the overlap between the two mechanisms by laying out their legal requirements and background. It is established that the extraterritorial application of the GDPR faces issues with enforcement and conflict of laws. In chapter 3, the ‘cumulative’ and ‘compensatory’ approaches are evaluated from a reformist legal doctrine perspective to account for the wider societal context in which the approaches operate in. The research concludes that, while the cumulative approach yields in a higher level of protection, the approach can be unnecessarily cumbersome for data controllers and processors from a cost and compliance perspective. The research recommends the adoption of a middle-ground approach, where the limitations of both cumulative and compensatory approaches are accounted for. The middle-ground approaches explored in this paper are: the development of a new data transfer instrument and regulatory reform. The research also recommends more in-depth research into the topic to aid the development of a new data transfer instrument or laws.
  • The intersection of data privacy and competition law : a comparative analysis of the United States and the European Union’s responses to Facebook’s data collection 
    Bartos, Sandrine Charlotte (2021)
    Data privacy came to the forefront of public consciousness in March 2018, with the revelation that the data of upwards of 87 million accounts was misused due to a lack of privacy protections. Furthermore, the release of confidential court documents detailing years of anticompetitive conduct by Facebook, largely helped by the amount of data it has access to, through ways that many are beginning to characterise as immoral. The intersection of data privacy and competition law is a relatively new issue, but one that will have a significant impact in the coming years. Investigations into Facebook’s conduct by the United States and the European Union will determine if the social media giant, and by extension, any other companies that collect large amounts of data, will adjust or maintain its data-gathering practices.

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