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Legal Implications of Data Collection at Airports (2021) / Chapter Skim
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XII. INTERNATIONAL EFFORTS
Pages 59-62

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From page 59...
... These 132 jurisdictions • "Accuracy": data must be kept up to date with reasonable have data privacy laws covering both the private sector and public steps to erase or rectify inaccurate data.612 sectors in most cases, and which meet at least minimum formal stan- • "Storage limitation": data permitting identification of dards based on international agreements.1 At least 28 other countries data subjects should for only as long as necessary for the have official Bills for such laws in various stages of progress, includ- specified purpose to process personal data.613 ing 9 that have introduced or replaced Bills in 2017-18. Many others, in the wake of the GDPR [General Data Protection Regulation]
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From page 60...
... longer needed or if processing it is unlawful; With respect to jurisdiction of the GDPR, there are two pro • objecting  to the processing of your personal data for visions that generally address applicability outside the EU: the market­ing purposes or on grounds relating to your par- provisions in Article 3 on "Territorial scope" and Article 45 ad ticular situation; dressing "Adequacy."625 Through these two measures, the GDPR • requesting the restriction of the processing of your per- exercises authority outside its borders to ensure data protection. sonal data in specific cases; Commentators have noted that exercise of jurisdiction outside its • receiving your personal data in a machine-readable f­ ormat borders was a principal objective of the GDPR as the EU sought and send it to another controller ("data p ­ ortability")
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From page 61...
... The court concluded that Privacy Shield In addition to analyzing the activity of entities that implicate did not address the central defect identified concerning the abilthe provisions of Article 3, there is the matter of entities prop- ity of U.S. government intelligence services to access privacy erly operating in the EU that share personal data with entities outside the EU While the EU desires to ensure privacy of its citizens, it also understood that the migration of data outside the 633  Compliance can also be achieved though Model Contract EU was critical for commerce.
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From page 62...
... Read in conjunction with flawed. provisions of the GDPR concerning notice and consent, the ECJ The result of Schrems II is to leave two alternate measures for addressed the practices of an internet lottery site which had a transfer of privacy data to entities operating in the U.S. -- Model practice of pre-checking a consent box with respect to cookie Contract Clauses641 and Binding Corporate Resolutions.642 But notifications it provided.648 The ECJ concluded that that practice even these measures are of questionable efficacy given the ECJ's was inconsistent with requirements for express consent under concern over potential U.S.
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Key Terms

  • data protection
  • data privacy
  • personal data
  • european data
  • data prot

  • shield framework
  • privacy protection
  • privacy laws
  • express consent
  • international efforts

  • model contract
  • implement data
  • data subject
  • global data
  • data subjects

  • privacy framework
  • privacy concerns
  • privacy protections
  • individual privacy
  • major corporations

  • bilateral agreement
  • public authorities
  • safe harbor
  • address individual
  • protection rules

  • protection board
  • binding corporate
  • intelligence services
  • graham greenleaf
  • privacy data


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