Bridging Perspectives: Data Protection, Privacy, and Security In The U.S. & Germany

Abstract

Following Edward Snowden’s revelations of extensive NSA surveillance, including data gathering from German citizens and political leaders, there have been tensions in the US-German relationship (as well as in the larger US-European relationship) over the interrelated areas of surveillance/intelligence and data protection/privacy. The conflict hinders transatlantic business operations, including those of the IT sector; and it also has broader public policy implications, as it has created obstacles to progress on issues of common interest, including trade agreements. The two countries approach questions of data protection and privacy as well as those surrounding electronic intelligence gathering from quite different perspectives, and there is a lack of understanding on each side of the other’s perspectives.