Critical Analysis of Divergent Approaches to Protection of Personal Data

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Published: Aug 28, 2017
DOI: https://doi.org/10.26483/ijarcs.v8i7.4189
Keywords:
Personal Data, Internet Governance, Right to Privacy, Data Privacy Protection, Trans-Pacific Partnership (TPP), Transatlantic Trade and Investment Partnership (TTIP), Protection of Privacy,

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Sandeep Mittal
Indian Police Service, Former Director, LNJN National Institute of Criminology and Forensic Science, Government of India, Ministry of Home Affairs
http://orcid.org/0000-0001-7156-7045

Abstract

The protection of privacy and confidentiality of personal data generated on internet at residence and in motion within and across the border is a cause of concern. The European Union and United States have adopted divergent approaches to this issue mainly due to varying socio-cultural backgrounds. With the globalisation of businesses facilitated by internet revolution, the economic considerations out-weighed the rights consideration, and the right based approach started buckling the pressure of economic based approach but was checked by the Schrem’s case. The negotiation under TTP and TTIP has a tendency to forgo the privacy rights of the individuals over business considerations in tune with the US tactics of weakening the privacy laws through Free Trade Agreements. It has been demonstrated that a balanced approach in which individual control over data is desirable but should not be absolute, control rights are reinforced by structural safeguards or architectural controls would be desirable.

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Vol. 8 No. 7 (2017): July-August 2017
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Articles

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Author Biography

Sandeep Mittal, Indian Police Service, Former Director, LNJN National Institute of Criminology and Forensic Science, Government of India, Ministry of Home Affairs

Indian Police Service, Cyber Security & Privacy Researcher Former Director, LNJN NICFS Ministry of Home Affairs Government of India

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