Thursday, 21 April 2016

"The Limits of the US Judicial Redress Act"

I have an article in the latest issue of Privacy Laws & Business International Report on The Limits of the US Judicial Redress Act. It's a shorter version (without most of the references and links) of this article on PapersPlease.org.

The Judicial Redress Act was enacted in response to European complainst about the exceptionalism of the US Privacy Act, which treats privacy as privilege of US citizenship and not a human right. The Judicial Redress Act gives some (but not all) foreign citizens some (but not all) of the rights that US citizens have under the Privacy Act.

But as I learned when I sued under the Privacy Act to try to find out what records the US government has about my travels, even US citizens have, in most real-world cases, few if any rights under the Privacy Act. As my article concludes, "The Judicial Redress Act is a carefully constructed paper tiger.... The Privacy Act provides inadequate data protection for US citizens, and the Judicial Redress Act would provide even more inadequate protection for non-US citizens. Neither of these laws provides any basis for a finding that anyone's rights are adequately protected in the US, for approval of the proposed Privacy Shield, or for approval of the proposed EU-US umbrella agreement on data transfers."

Link | Posted by Edward on Thursday, 21 April 2016, 06:32 ( 6:32 AM) | TrackBack (0)
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All advice and recommendations are the personal opinions of Edward Hasbrouck, and do not necessarily represent the views of my publishers, employers, or clients.