January 01, 2018

Global Litigator: A Litigator’s Primer on European Union and American Privacy Laws and Regulations

Zachary S. Heck

 Download a printable PDF of this article.

The differences between information sharing in the United States and information sharing in the European Union (EU) are rooted both in the law and in cultural attitude. In the United States, there is no fundamental right to privacy established in any overarching omnibus privacy law. While the United States does have some constitutional protections against state actors, the interactions between citizens and businesses and courts is addressed through a variety of laws applied in specific sectors, like health (the Health Insurance Portability and Accountability Act (HIPAA)) and credit (the Fair Credit Reporting Act and the Fair and Accurate Credit Transactions Act). Accordingly, the United States has a patchwork of laws at both the federal and state levels relating to data protection and information sharing. This patchwork makes compliance challenging for businesses and litigators.

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