An Analysis of the Use of Bilateral Agreements between Transnational Trading Groups: The U.S./EU E-Commerce Privacy Safe Harbor

摘要: "Civilization is the progress toward a society of privacy."1 I. INTRODUCTION For most human history, privacy has been minimal concern.2 Living in small communities made up mostly relatives3 and conducting one's affairs on basis trust personal reputation,4 there was little reason for individuals to be concerned about "identity theft" or similar problems. Equally, while governments were undoubtedly authoritarian,5 their ability monitor citizens' day-to-day lives minimal.6 As grown more complex over time administrative state intrusive, risks misrepresentation identity theft have increased substantially.7 The increasing use computer databases also led ever greater quantities information being placed at risk. Where once criminal could only steal as many paper files carried by hand, containing tens thousands even millions people can quickly downloaded duplicated.8 This growing threat concomitant fraud commercial milieu resulted efforts private groups,9 national governments,10 international organizations" reduce risk such activity. There not, however, same degree scrutiny applied security government information. improper government-held data will grow coming years law enforcement agencies build increasingly comprehensive citizens response concerns terrorism.12 e-commerce rapidly expands with new technological advances, protection transnational cyberspace transactions remains concern all parties involved.13 Whether conducted business reasons, Internet leave trails information, creating potential open market sale without individual's consent.14 With United States taking selfregulatory approach European Union (EU) extensive measures create legislative mechanisms govern collection Internet, much debate arisen how control between nations.15 continues grow, making distance no longer an obstacle modern day transactions.16 rise, significant global community consumers, businesses, entities.17 need consistent across borders imperative continue work asset rather than downward spiral In world, bilateral agreements trading groups used address protection.18 Lacking credible organization present, agreements, separate modeled them, should extended remedy this expanding gap protection. Building foundation, future, Nations establish broad platform shared rules both based guidelines articulated Organization Economic Cooperation Development (OECD).19 essay examines issues related subject five parts. Part II briefly discuss historical development legislation. III EU's Data Protection Directive, which includes held agencies. IV explores strictly commercial, ad hoc employed States, specific look financial medical fields. …