A Critical Juncture in Data Protection Standards: Comparing Data Protection Legislation in the United States and the European Union

Abstract

In the last few decades, technology has faced an extraordinary evolution that has revolutionized the way we communicate. In particular, the rise of the Internet and digital platforms has turned data into an incredibly powerful, global resource. Yet, through the increasing sophistication of technology, the world now faces a major privacy dilemma, and governments must make critical decisions to determine whether established privacy laws encompass personal data on the Internet. As leaders in technological innovation and privacy legislation, the world is looking to the United States and the European Union to establish standards in data protection. However, despite ideological similarities between the two powers, it is clear that the U.S. and EU have vastly different approaches to data legislation. On one hand, the EU has passed the most comprehensive and strictest data protection rules in the world, while the U.S. has struggled to institute uniform regulations. A sharp rise in cyber-attacks and data misuse cases have led many to question why the U.S. has been unable or unwilling to legislate protection laws, while the EU has been quick to do so. With mounting public pressure, the U.S. now faces a critical juncture in its data policies, and must delineate its stance on data protection. In order to unpack the current approaches to data protection in the U.S. and the EU, this research will dive into the historical response to privacy and personal information through comparative analysis and case studies.