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Transatlantic Politics of Data Transfer: Extraterritoriality, Counter‐Extraterritoriality and Counter‐Terrorism
Author(s) -
Suda Yuko
Publication year - 2013
Publication title -
jcms: journal of common market studies
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.54
H-Index - 90
eISSN - 1468-5965
pISSN - 0021-9886
DOI - 10.1111/jcms.12017
Subject(s) - extraterritoriality , political science , terrorism , counter terrorism , assertion , politics , swift , norm (philosophy) , law , computer security , international trade , business , law and economics , jurisdiction , economics , computer science , programming language
Transatlantic co‐operation and conflict over air passenger information, financial transactions records and maritime container security illustrate the E uropean U nion's reaction to the transboundary assertion of US counter‐terrorism regulation in the wake of the terrorist attacks of S eptember 11. A close examination of the cases suggests that the EU – US agreements on the transfer and use of PNR and SWIFT data were made to safeguard the integrity of the EU data protection regime and more importantly the E uropean norm of data privacy from the undermining effects that might arise from the extraterritorial exercise of authority by the U nited S tates.