The historic European Union Directive on Data Protection will take effect in October 1998. A key provision will prohibit transfer of personal information from Europe to other countries if they lack "adequate" protection of privacy. If enforced as written, the Directive could create enormous obstacles to commerce between Europe and other countries, such as the United States, that do not have comprehensive privacy statutes. In this book, Peter Swire and Robert Litan provide the first detailed analysis of the sector-by-sector effects of the Directive. They examine such topics as the text of the Directive, the tension between privacy laws and modern information technologies, issues affecting a wide range of businesses and other organizations, effects on the financial services sector, and effects on other prominent sectors with large transborder data flows. In light of the many and significant effects of the Directive as written, the book concludes with detailed policy recommendations on how to avoid a coming trade war with Europe. The book will be of interest to the wide range of individuals and organizations affected by the important new European privacy laws. More generally, the privacy clash discussed in the book will prove a major precedent for how electronic commerce and world data flows will be governed in the Internet Age.

that make collecting and sharing information easier than ever. Government use of this technology has proved controversial, however, because it raises important questions about civil liberties and individual privacy rights. Tracking and surveillance technology facilitates unprecedented levels of data collection about individuals, but often without their knowledge or consent. Consequently, how, or if, government can use these new technologies responsibly has become a major issue.

This book offers an overview of government surveillance with new technology and selects five specific issues

Video surveillance

Border searches of electronic devices

Communication surveillance

Location surveillance

Online tracking

that present complex challenges to civil liberty advocates and government officials alike.