Walled Gardens of Privacy or “Binding Corporate Rules?”: A Critical Look at International Protection of Online Privacy

Authors

Joanna Kulesza

Document Type

Article

Abstract

A growing concern in the era of cloud computing is protecting Internet users' privacy. This concern is compounded by the fact that there are no effective international solutions. This article considers the latest European Union (EU) proposed development in this area – a regulatory model based on amended Binding Corporate Rules (BCR) – as introduced by the EU Justice Commissioner. These planned changes would have worldwide effects on international companies' online activities in transboundary cyberspace.

After providing a background on the concept of defining privacy in general, the article describes the BCR proposal, and proceeds to consider the likelihood of both its application as well as alternatives to the proposed model. Next, the article offers an international law solution to the challenges presented by alternatives to the BCR proposal and emphasizes the significance of the BCR's proposal.

The article concludes that determining the scope of human rights for online activities will be the biggest challenge to the information society in the near future, and that success will be realized only if the global community unites to tackle the challenge together. If states create "walled gardens" creating only their residents' privacy, the global information society will face its doom. However, a consensus-based global solution such as the BCR may function as a starting point for finding a global consensus on human rights online protection.

Recommended Citation

Joanna Kulesza, Walled Gardens of Privacy or “Binding Corporate Rules?”: A Critical Look at International Protection of Online Privacy, 34 U. Ark. Little Rock L. Rev. 747 (2012).
Available at: https://lawrepository.ualr.edu/lawreview/vol34/iss4/5