European Data Privacy Colonisation: Current Developments and a Call for a New Paradigm in International Law

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Authors	POLČÁK Radim SVANTESSON Dan Jerker B.
Year of publication	2015
Type	Workshop
MU Faculty or unit	Faculty of Law
Citation
Description	Recent data-related cases, such as the Google Spain case and the dispute between Microsoft and the US Government over the access to data held by Microsoft in Ireland, highlight flaws in the current thinking on jurisdiction in both private, and public, international law. This seminar brings attention to issues such as: (1) the unproductive focus on ‘extraterritoriality’, (2) the need to recognise a fourth type of jurisdiction in international law, (3) the increasing significance of ‘scope of jurisdiction’, and (4) more broadly the need for a new paradigm of jurisdiction in international law ending the ‘tyranny of territoriality’. In addition, attention is brought to some of the latest developments with respect to data (privacy) regulation including: (1) the EU-US umbrella agreement, (2) the new US safe harbour regime, (3) the FCA Investigation of Google on WiFi wire-tapping, and (4) satellite wire-tapping of classified data.