Investigator:

Salome Kohler

Abstract:

The goal of my TTLF research project is to contribute to the field of online data privacy. The focus is in particular on private actors, i.e., natural persons and private entities. The research project examines and compares current data protection regulation in the European Union and the United States (California). Data law regulation in the European Union – such as the General Data Protection Regulation (GDPR) – is often referred to as the current “gold standard” when it comes to protecting online privacy. At the same time, there are also attempts in the U.S., particularly in California, to provide enhanced online privacy protection for consumers (California Consumer Privacy Act (CCPA) / (California Privacy Rights Act (CPRA)).

Although the GDPR recognizes the protection of individuals or the processing of personal data as a fundamental right under Article 8(1) of the Charter of Fundamental Rights of the European Union and Article 16(1) of the Treaty on the Functioning of the European Union (TFEU), it does emphasize that the protection of personal data is not an absolute right and – like all fundamental rights – must be seen in the context of proportionality. However, we are currently still in a situation where the commercial interests of private entities outweigh the data protection rights of citizens. Since a large part of our lives takes place online, such an analysis is crucial to improve our understanding of online privacy and the harm and emotional toll its absence can cause today.