Manuel Klar, Jürgen Kühling
Privatheit und Datenschutz in der EU und den USA – Kollision zweier Welten?
40,00 € inkl. gesetzl. MwSt.
The concept of privacy in the USA differs significantly from that in Europe. This is particularly apparent when it comes to cross-border internet services, which in many cases are based on the collection of personal data of European consumers by US companies. The article analyses the extent to which the US data protection concept differs from the European model. This is achieved by comparing several relevant fields of data protection, such as the »right to be forgotten«, Google Street View, Google Glass, video surveillance and employee data protection, each examined from a conceptual, sub-constitutional/case law and a practical perspective. The comparison shows that the understanding of privacy in the perception of US and European citizens does not differ as clearly as with respect to the conceptual level. But even on the conceptual level, the US and the EU share fundamental values such as freedom to conduct business and personal rights of individuals, with such rights merely being weighted differently. As harmonization of the standards would not be expedient due to the widely different positions regarding privacy on both sides of the Atlantic, it seems more appropriate to let both the EU and the United States remain free to make decisions and define their own standards for their respective jurisdiction – allowing the coexistence of the different traditions and perspectives regarding privacy to be sustained. In all other respects, rough guidelines can be identified to ensure that international trade is not unduly hampered and to avoid European technology companies falling further behind their US competitors. With respect to cross-border internet services, for example, the different concepts could well be dissolved by adopting a targeting approach – to be introduced by the new General Data Protection Regulation and determining the applicability of European data protection law – analyzing whether a US company offers goods or services to EU residents.