Abstract

This analysis of the "safe harbor" agreement between the United States and the European Union finds that US. corporations that abided by its provisions afforded more privacy protection to Europeans than Americans under U.S. law. It seemed that the agreement might prompt the U.S. to shift its privacy policy in accordance with the European tradition, which views personal privacy as a "human" right. However, the authors conclude that the failure to enact more comprehensive online privacy legislation in the U.S. can be attributed to the continuing characterization of personal data privacy as a matter of "consumer" rights rather than civil rights.

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