Eleventh Global Studies Conference

Abstract

The paper’s point of departure is international human rights law, as far as it recognizes a general framework to support and regulate personal data protection in the cyberspace realm. Nonetheless, the distinctive characters of cyberspace demand a well designed, at universal level, specific regulation and mechanisms to guarantee such fundamental rights relating personal data protection internationally. Accordingly, the research hypothesis is represented in double issues: first, effective personal data protection on cyberspace needs the establishment of an international/universal legal system treaty-based; second, EU regime on personal data protection in cyberspace and current EU-US agreements on this issue can be used as a model for initiating such international/universal treaty. The actors and relations included in the paper are the duty bearers of personal data protection law, both state and private entity activities. Nonetheless, the informal power relation between state and private organization is also taken into account since there are some informal agreements or coordination between state agencies and IT corporations on data sharing and processing. The time frame of the study is 2001-2016.