Data Protection and Privacy in the U.S. and EU: Same Goals, Different Methods. US and European Concepts of Privacy: Tensions Between US and EU Across Two Axes. Two different notions of privacy (dignity versus liberty) Free flow of info vs. national sovereignty.
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Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Respect for private and family life
Everyone has the right to respect for his or her private and family life, home and communications.
Protection of personal data
1. Everyone has the right to the protection of personal data concerning him or her.
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.
3. Compliance with these rules shall be subject to control by an independent authority.
“Foreign firms (primarily IBM) must not be allowed to be instruments of foreign (primarily United States) dominance….Mastery of component technology is as important as nuclear mastery for national independence.”
Simon Nora & Alain Minc, L’Informatisation de la Societe, 1978 the “Nora-Minc Report”), quoted in Dorine R. Seidman, Transborder Data Flow: Regulation of International Information Flow and the Brazilian Example, 1 J.L. & Tech. 31, 47 (1986).