Transatlantic Politics of Data Transfer: Extraterritoriality, Counter‐Extraterritoriality and Counter‐Terrorism

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.