Law Commons^™

A Zebra's Trust: How Rare Disease Communities' Participation In Data Trusts' Governance Builds Trust And Drives Research, Samantha C. Smith

Vanderbilt Journal of Transnational Law

Data sharing plays an increasingly prominent role in society, but it remains a necessary component of rare disease research. Because rare diseases are--as the name indicates-- rare, researchers have only a small number of patients from whom to collect data, and the expense of cross-border data sharing to increase research data is significant. Nevertheless, the rise of artificial intelligence and precision medicine increases the need for usable rare disease data. Current legislation and regulations aimed at addressing rare diseases fall short in addressing these data sharing needs for rare disease research. While the European Union (EU) has invested in rare …

Data Imperialism: The Gdpr's Disastrous Impact On Africa's E-Commerce Markets, Cara Mannion

Vanderbilt Journal of Transnational Law

The European Union (EU) recently passed the General Data Protection Regulation--a sweeping regulatory framework that sets a new global standard for the collection, storage, and use of personal data. To ensure far-reaching compliance with the GDPR, the EU has adopted a strict take-it-or-leave-it approach--countries that wish to engage with digital users in the EU must either comply with the GDPR's expansive data obligations or risk losing access to the world's largest trading block.

This presents significant obstacles for several African nations. Notably, no African country currently has domestic laws that comply with the GDPR. Even if they did, several African …

A Look Into The Data Privacy Crystal Ball: A Survey Of Possible Outcomes For The Eu-U.S. Privacy Shield Agreement, Emily Linn

Vanderbilt Journal of Transnational Law

The trade relationship between the European Union and the United States, the largest cross-border data flow in the world, is in a state of uncertainty. Operating under different notions of what privacy should look like and divergent legal protections for personal data, the European Union and United States have struggled to reach a mutually acceptable agreement in the past. This Note analyzes their latest attempt, the EU-U.S. Privacy Shield, with specific emphasis on (1) the way it has improved upon its predecessor, the EU-U.S. Safe Harbor; (2) the weaknesses that still remain; and (3) the external factors that threaten the …

The Emperor Has No Clothes: A Critique Of Applying The European Union Approach To Privacy Regulation In The United States, David R. Nijhawan

Vanderbilt Law Review

Internet users in the United States and the European Union ("EU") often debate the state of international data privacy, while scholars and companies also present questions to the Internet community regarding the regulation of data privacy and the amount of regulation required in the U.S. Inquiries range from how to determine the necessary degree of regulation and how to implement regulations to how to enforce any regulations that the U.S. lawmakers may pass. Historically, the EU and the U.S. approach data privacy regulations in diametrically opposed ways. While the EU relies primarily on legislation and heavy regulation, the U.S. has …

The European Union Data Privacy Directive And International Relations, Steven R. Salbu

Vanderbilt Journal of Transnational Law

This Article explores the European Union Data Privacy Directive and its impact upon international relations. Part II provides a background upon which the Privacy Directive is built. In Part III, the Article confronts the differences between how the United States and its European counterparts address privacy issues generally. Part IV analyzes the Privacy Directive in detail, while Part V explores possible effects that the Privacy Directive might have on international relations.

The Eu Privacy Directive And The Resulting Safe Harbor, Angela Vitale

Vanderbilt Journal of Transnational Law

The rapid growth of the Internet and the importance of international business operations have thrust the issue of Internet privacy into the center of domestic and international political debates. Varying definitions of privacy have led to numerous--often inconsistent--legislative schemes to protect privacy on the Internet. These inconsistencies have made it difficult for companies to penetrate foreign markets and to maintain international operations. Of primary concern to U.S. companies is the EU Privacy Directive. The Directive requires U.S. companies that attempt to interact with potential customers or their own employees in the European Union either to qualify for a "Safe Harbor" …