Safe Harbors or Free Frontiers? Privacy and Transborder Data Flows

Abstract

This article explores the issues surrounding the harmonization of privacy or data protection during the last 30 years. It begins with a history of the conflict over transborder data flows and then proceeds to analyze current national and regional policy debates about the feasibility of policy solutions to address problems that are integral to global communications and economic networks. Ongoing discussions between the European Union and the United States over Safe Harbor Principles provide data for exploring these issues. The article concludes with an analysis of whether harmonization of privacy and data protection policies is likely to evolve through existing processes and institutions .