Data Privacy Seminar: Risk and Rights in Transatlantic Data Transfers: EU Privacy Law, U.S. Surveillance, and the Search for Common Ground

data privacy

Data protection and privacy is a growing concern in a world nervous about the growth of "surveillance capitalism" and other potential abuses of access to personal data. The "Data Protection and Privacy" lecture series brings together campus and outside experts on informatics, cultural ideas about privacy, legal compliance and best practices, as well as global governance.

On April 2, Ira Rubinstein, senior fellow at the Information Law Institute, and Peter Margulies, professor of law at Roger Williams University, will give the talk, "Risk and Rights in Transatlantic Data Transfers: EU Privacy Law, U.S. Surveillance, and the Search for Common Ground."

In this talk the authors will propose a risk-assessment method based on U.S. export controls, which have successfully managed exports of sensitive technology for decades. This model can also be a template for managing transfers of sensitive personal data. In addition, the hybrid model proposes bolstering substantive and institutional safeguards in U.S. law. For example, the Article proposes an Algorithmic Rights Court (ARC) that would probe targeting decisions under both § 702 and EO 12333. Through more precise risk assessment and reinforced institutional and substantive protections, the hybrid model preserves privacy and supports a sustainable transatlantic data transfer regime.
Rubinstein's research interests include Internet privacy, electronic surveillance law, big data, voters' privacy, EU data protection law, and privacy engineering. Rubinstein lectures and publishes widely on issues of privacy and security and has testified before Congress on these topics on several occasions. Recent papers include "The Future of Self-Regulation is Co-Regulation," "Anonymization and Risk," and "Voter Privacy in the Age of Big Data." Rubinstein has also completed a work in progress entitled "Privacy Localism." 
Margulies is an expert in National Security Law, he focuses on the delicate balance between liberty, equality, and security in issues involving law and terrorism. Margulies has written almost a dozen articles discussing the War on Terror. He currently works with RWU Law Professor Jared Goldstein, along with litigators from the law firm Edwards Angell Palmer & Dodge, in representing two Afghan detainees. Margulies led a national conference entitled “Legal Dilemmas in A Dangerous World: Law, Terrorism and National Security” held at RWU. He has written for the influential Lawfare blog and spoken at Harvard, Yale, and Columbia Law School on cybersecurity, privacy, and immigration. In addition, Margulies has served as one of the lawyers for law professors and other "friends of the court" educating judges in leading cases, such as the U.S. Supreme Court's decision in Trump v. Hawaii (2018) (the "Muslim ban" case). In Trump v. Hawaii, Margulies supported a challenge to President Trump's policy. The Supreme Court ultimately upheld the ban. President-elect Joe Biden has promised to cancel this and other Trump policies.

Register in advance for Zoom participation information.

This event is sponsored by iSchool, European Union Center