Dignity, Freedom, and Digital Rights: Comparing American and European Approaches to Privacy

Authors

• Virginia Kozemczak, Benjamin N. Cardozo School of Law

Abstract

The note examines the contrasting approaches of the United States and the European Union to digital privacy, emphasizing how the US prioritizes liberty while the EU focuses on dignity. It argues that US privacy law, particularly under the Fourth Amendment, struggles to adapt to technological advancements, as seen in cases like Carpenter v. United States. In contrast, the EU's framework, guided by Article 8 of the European Convention on Human Rights, offers more comprehensive protections by addressing the broader context of data collection and processing. The author suggests that the US could enhance its privacy protections by adopting elements of the EU's approach.

Disciplines

Comparative and Foreign Law | Consumer Protection Law | Criminal Law | Criminal Procedure | International Law | International Trade Law | Law | Science and Technology Law

Recommended Citation

Virginia Kozemczak, Dignity, Freedom, and Digital Rights: Comparing American and European Approaches to Privacy, 4 Cardozo Int’l & Compar. L. Rev. 1069 (2021).
Available at: https://larc.cardozo.yu.edu/ciclr/vol4/iss3/9