Privacy and Data Protection Policy: Recent Conflicts between the United States and European Union

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Privacy and Data Protection PolicyRecent
Conflicts between the United States and European
Union
Andrew L. Hoffman 2004-06 DHS Scholar University
of Florida Levin College of Law
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What is personal information?

• Any information relating to a person
• Date of birth
• Height/weight
• Home address
• Social security number
• Credit history
• Photograph
• Fingerprint
• Personally identifiable information

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Why should information be protected?

• Right to privacy
• Encourages trust in the system
• Encourages international trade
• Identity theft

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Data Protection in the United StatesThe
Sectoral Approach
Governing the public sector Fourth
Amendment Privacy Act of 1974 Freedom of
Information Act Computer Security Act of
1987 Paperwork Reduction Act of 1995 Electronic
Communications Privacy Act of 1986 Right to
Financial Privacy Act Drivers Privacy Protection
Act Privacy Protection Act of 1980 Family
Education Rights and Privacy Act Tax Privacy
Law and more
Governing the private sector Video Privacy
Protection Act Telephone Consumer Protection
Act Electronic Funds Transfer Act Fair Credit
Reporting Act Federal Trade Commission
Act Gramm-Leach-Bliley Act Right to Financial
Privacy Act Telephone Consumer Protection
Act Health Insurance Portability and
Accountability Act Childrens Online Privacy
Protection Act Electronic Communications Privacy
Act and more
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Data Protection in the European Union (EU)

• Directive 95/46/EC

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Recent Conflicts

• Passenger Name Records
• Banking Records

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Passenger Name Records (PNR)

• Thirty-three data fields
• Post-9/11 US law requires transmission of this
  info
• EU law forbids the transfer

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A Brief PNR Conflict Timeline
2001 November 19 US passes Aviation and
Transportation Security Act 2003 March 5
Deadline for airlines compliance with the
law 2006 May 30 US-EU PNR sharing agreement
annulled by European Court of Justice September
30 missed court-imposed deadline for
renegotiations October 6 temporary agreement
reached 2007 February 7 EU Parliament passes
resolution expressing concern over PNR and SWIFT
conflicts July 31 temporary agreement expires
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Banking Records (SWIFT)

• About the Society for Worldwide Interbank
  Financial Telecommunication
• US Treasury Administrative Subpoenas
• European Parliament resolution against PNR and
  SWIFT
• SWIFT applies for US Dept. of Commerce Safe
  Harbor status

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Why does it matter?
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European Influence
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What does the future hold?
?
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Contact Information
Andrew L. Hoffman University of Florida Levin
College of Law Email andrew_at_andrewhoffman.com
This research was funded in part through a
scholarship from the Department of Homeland
Security administered through the DHSScience
Technology Directorate Office of University
Programs. The views expressed are solely those
of the speaker and do not necessarily reflect the
views of the University of Florida Levin
Collegeof Law, the State of Florida, or the
Department of Homeland Security.