| Tittel: | Government Access to Personal Data and Transnational Interoperability: An Accountability Perspective | | Ansvar: | Christopher Docksey og Kenneth Propp | | Forfatter: | Docksey, Christopher  / Propp, Kenneth | | Materialtype: | Artikkel - elektronisk | | Signatur: | Oslo law review | | Utgitt: | Oslo : Universitetsforlaget, 2023 | | Omfang: | S. 1-34 | | Serie: | Oslo law review ; 1/2023 | | Emneord: | Vitenskapelig publikasjon | | Note: | Open access, Attribution 4.0 International (CC BY 4.0) | | Innhold: | Abstract
This article applies the principle of ʻaccountabilityʼ to the issue of international transfers of personal data and government requirements for access to that data. It argues that accountability provides a common language for the data privacy and intelligence communities and embodies in practice the necessary norms and mechanisms to satisfy the requirements of both privacy and national security and thus facilitate greater interoperability of international data flows. The principle of accountability has been developed in the privacy and data protection area by various international organisations, together with the laws of a growing number of countries across the world. It may be applied to the state itself, to address the issue of government access to personal information.
As background, the case law of the EU Court of Justice on surveillance and international transfers is briefly described, together with the main elements of the EU-US Data Privacy Framework (DPF). In this context, state accountability for processing for national security purposes is discussed according to three rubrics: trust and transparency, legality and proportionality, and independent oversight. The accountability features of the DPF are considered in order to illustrate the interface between the EU and US legal orders and to demonstrate the elements of a possible accountability-based international code of practice.
Keywords: Accountability, interoperability, government access, national security,
trust, transparency, oversight, redress | | Del av verk: | Oslo law review 1/2023 |
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