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Privacy’s midlife crisis

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  1. “Fourth, the second generation, particularly of European data protection laws, continues to view information as “residing” in a jurisdiction, despite the ephemeral nature of cloud storage and transfers. For many years, transborder data flow regulation has caused much consternation to businesses on both sides of the Atlantic, while generating steep legal fees. Unfortunately, this is not about to change.”

    It is hard not to consider the relationship between data and the data protection laws existing in a specific area (i.e. the European Union), as there are different levels of data protection in the different areas of the world. At the same time, we need a wider global convergence on fundamental principles on data protection: a coherent and sufficiently strong model of data protection is necessary. On this basis every country -or better any geographical areas-, will build its specific rules, coherently with its historical, cultural and legal system, but the convergence on the principles and on the basic rules will facilitate the protection and the flows of data.
    From this perspective, the provisions of the recent EU proposal explicitly consider instruments like the use of international treaties. In this sense the proposal assumes significant relevance for achieving the goal of a common framework on data protection and for the definition of specific rules for interoperability between systems.

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