Enforcing privacy across different jurisdictions
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In any context where there are differences in substantive law, jurisdictional issues arise. In light of the considerable differences in various data privacy laws, questions of jurisdiction and applicable law are of crucial importance. This chapter explores how such issues may impede the effective operation of data privacy law – a topic that so far has gained surprisingly little attention. Concepts such as jurisdiction, recognition and enforcement – are of central importance to the topic addressed, and they are complex and developing. This chapter argues that investigative jurisdiction should be recognised as distinct to the jurisdiction to make rules, adjudicate disputes and enforce the law. The chapter also argues that extraterritorial claims of jurisdiction may fill a function even where they are difficult to enforce. However, such claims must be expressed in more sophisticated terms than the binary test found in the current and forthcoming EU law, as well as in other data privacy laws around the globe.
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