• Comparison of Data Protection Laws in the United States vs. the European Union

      Decker, Trey
      Data protection legislation is an area that has become more talked about in the current times in the United States. With the advent of the secret documents leaked by former intelligence analyst Edward Snowden, and the quick-to-follow data breaches of two major corporations, potentially affecting around 160 million Americans, the time to discuss and understand this topic is now. The in-depth understanding of US data protection laws present significant issues therein. There lie holes and fissures, as a matter of speaking, the framework that results in the lack of user protection. How then can these holes be mended, and what are the proposed solutions? In order to resolve this case, this research first understands another framework by which to compare the current US framework. When compared to the US framework, which pieces appear to be missing from the US? By analyzing the results and research of law professionals, the discovery is that the US could benefit from a cohesive law, which would protect the fundamental right of citizens to have private data protection and the proper representation. Additionally, there needs to exist, in the least, one organization which holds authority over individuals who breach this right; the EU refers to these as Independent Supervisory Authorities (ISAs). The implications of these findings highlight the urgency to provide this fundamental right to US citizens. Where the right to privacy fails is to say that there is a fundamental right to have that right protected.