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Information Sovereignty

Data Privacy, Sovereign Powers and the Rule of Law

Radim Polcak and Dan J.B. Svantesson

This thought-provoking work elaborates on the assumption that information privacy is, in its essence, comparable to information sovereignty. This seemingly rudimentary observation serves as the basis for an analysis of various information instruments in domestic and international law. It also provides for the method to resolve situations where informational domains of individuals and/or states collide. Information Sovereignty combines a philosophical and methodological analysis of the phenomena of information, sovereignty and privacy. It also encompasses more practical discussions of cybersecurity and cross-border processing of personal data, including in the context of cross-border discovery of digital evidence.
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Chapter 9: Cross-border data transfers for hedgehogs

Data Privacy, Sovereign Powers and the Rule of Law

Radim Polcak and Dan J.B. Svantesson

Extract

Chapter 9 applies methodological conclusions from previous chapters to various legal issues associated with the regulation of cross-border data transfers. Two distinct strands of data privacy law are discussed. The first is found in the fact that data privacy laws often claim a broad reach so as to also regulate foreigners; they have, to use the term most commonly used in this area, an extraterritorial reach. The second is found in the fact that data privacy laws typically impose limitations on the circumstances under which data may be transferred abroad. Key words: cross-border data transfers, data privacy, jurisdiction, right to be forgotten, extraterritoriality

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