Regards croisées transatlantiques sur la protection des données personnelles

"Regards croisées transatlantiques sur la protection des données personnelles”, Dalloz IP/IT, mars 2016.

Traditionally, we strictly distinguish, on one hand, the omnibus protection of personal data and of private life of physical people in the European Union and, on the other hand, the sectoral approach of privacy in the federal system of the United States. In the United States, the notion of respect of privacy was based on Torts Law, as opposed to the law of the European Union, which is based upon the Charter of Fundamental Rights, which recognizes the right of private life (art. 7) and the protection of personal data (art. 8).

Without wanting to ignore or minimize these cultural, historical, and systematic differences, which are very certainly irreducible, this article has the objective of researching links between regimes of protection. These two rights are brought into dialogue, because the personal data of European citizens should be transferred to the United States. Furthermore, the evolution of legislation and case law in the two geographic zones bring about a relative and reciprocal convergence.

This content has been updated on 12 August 2016 at 16 h 03 min.