Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 2 of 2

Full-Text Articles in Law

Reinforcing The Hague Convention On Taking Evidence Abroad After Blocking Statutes, Data Privacy Directives, And Aerospatiale, Brian Friederich Oct 2010

Reinforcing The Hague Convention On Taking Evidence Abroad After Blocking Statutes, Data Privacy Directives, And Aerospatiale, Brian Friederich

San Diego International Law Journal

There has always been tension between European countries and the United States on the topic of evidence gathering. Much of that tension stems from the inherent differences between common and civil policies and methods. Until the Hague Convention, the process for obtaining evidence abroad was cumbersome and unreliable. The Hague Convention sought to change that by providing signatory countries more effective methods of cooperating with each other in international litigation. However, the Hague Convention has not been able to achieve its purpose, at least not in the United States. U.S. courts have interpreted the Hague Convention as optional, meaning it …


Inadequate: The Apec Privacy Framework & Article 25 Of The European Data Protection Directive, Stuart Hargreaves Jun 2010

Inadequate: The Apec Privacy Framework & Article 25 Of The European Data Protection Directive, Stuart Hargreaves

Canadian Journal of Law and Technology

The EU and APEC approaches represent two different ways of thinking about the purpose of privacy rights in personal information (a.k.a. “informational privacy” or “data privacy”). The European approach sees integrity and control over information about oneself as inherent to human dignity; informational privacy is treated as a fundamental right subject only to limited restrictions. In contrast, the approach evinced by APEC is a market-oriented cost/benefit calculus; control over personal information is seen as a beneficial policy goal when it can increase consumer confi- dence and promote economic growth — the implication being that it can also more easily give …