Introduction: A Twenty-First Century Framework for Digital Privacy

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News Article

Publication Date



[A Twenty-First Century Framework for Digital Privacy - White Paper Series] Finally, in Whose Law Governs in a Borderless World?: Law Enforcement Access to Data Across Borders, Jennifer Daskal explores the challenges posed by the mobility of data. Today, legal rules covering government access to data treat location as king. And yet, data can move across borders and around the world instantly, can be held in multiple places at once, and can be accessed remotely from across the world. Daskal argues that a better rule would shift the focus away from data location and consider a variety of other factors, including target location and nationality, the location of the provider, and the strength of the government’s interest. For Daskal, these factors better reflect the interests at stake in cross-border data disputes, including privacy, security, and sovereignty.

Source Publication

National Constitution Center