In the 1990s and early 2000s many scholars predicted a convergence of privacy law in the EU and the U.S. They have been proven wrong.
Deutsches Haus at NYU will present a lecture by Thomas Wischmeyer, the Deutsches Haus at NYU DAAD Visiting Fellow, on "Faraway, So Close: Transatlantic Data Flows and the Protection of Privacy" on Monday, Nov. 28, at 6:30 p.m.
In the 1990s and early 2000s many scholars predicted a convergence of privacy law in the EU and the U.S. They have been proven wrong. What we have witnessed is not the emergence of shared constitutional standards or of a transatlantic privacy treaty. Rather, constitutional law in Europe and the U.S. is heading in diametrically opposite directions: While the U.S. Supreme Court has effectively abandoned the right to privacy, the European Court of Justice is engaging in its hyper-constitutionalization. This puts transatlantic data flow regulation in a difficult spot. Given that most of us use technology that sends data across the Atlantic on a daily basis, finding a common framework belongs to today’s most pressing political and legal problems. In his presentation, Thomas Wischmeyer argues for a new regime that takes the quality of informational privacy as a fundamental right into account, but also considers the external effects constitutional choices have in a connected world.
Thomas Wischmeyer is an Emile Noël Fellow at New York University School of Law’s Jean Monnet Center where he is pursuing his current research project Information Security Regulation. Towards a Transnational Order of Information Security which is supported by the German Research Foundation. He is also a Senior Fellow at Albert-Ludwigs-Universität Freiburg, where he currently completes his Habilitation. Thomas Wischmeyer studied in Freiburg, Lausanne and Kraków and obtained a Dr. iur. at Freiburg University with a thesis on 'Purposes' and the Law of the Constitutional State. His research and teaching focuses on Information Law, Fundamental Rights Law, Legal Theory, European Law and (Comparative) Constitutional and Administrative Law. He has worked inter alia for the German Federal Constitutional Court of Germany and the UN International Criminal Tribunal for the Former Yugoslavia, Den Haag. In 2012, Thomas Wischmeyer was a Visiting Researcher at Yale Law School.
Events at Deutsches Haus are free and open to the public. If you would like to attend this event, please send an email to firstname.lastname@example.org. As space at Deutsches Haus – at 42 Washington Mews, New York, N.Y. – is limited, please arrive ten minutes prior to the event to ensure you get a good seat.
"Faraway, So Close:" Transatlantic Data Flows and the Protection of Privacy is a DAAD-sponsored event.