The Transatlantic Trade and Investment Partnership and the Developments in the Area of Privacy and Data Protection

Abstract:

This article discusses the relationship between the Transatlantic Trade and Investment Partnership (TTIP) and the respect for the fundamental rights to privacy and data protection as guaranteed in European Union (EU) law.

On the basis of an explanation of the EU approach on data protection, it argues that TTIP is not the right place to regulate fundamental rights, and, more specifically that the TTIP should not cover the conditions for exchanging personal data across the Atlantic Ocean. The TTIP would not be an appropriate instrument for bridging the transatlantic divide on privacy and data protection.

However, a global approach on privacy and data protection may be an attractive perspective, although complicated. The United Nations would be the right forum, instead of a trade agreement.