Brooklyn Journal of International Law


Morgan Corley


In light of the invalidation of the U.S.-EU Safe Harbor, along with the increase in sales of personal data as a commodity, data privacy has become a major concern amongst different nations. The lack of harmonization of data-privacy laws around the world continues to pose obstacles to the free flow of data across national borders. The free flow of data is, nonetheless, essential the international economy. As a result, nations continue to work together to try to create mechanisms by which data can be transferred across borders in a secure manner. This Note examines the current state of data-privacy law in both the EU and United States, analyzing their strengths and weaknesses. It also analyzes past cooperative efforts between different nations to facilitate the free flow of data. Additionally, this Note analyzes the international sales of goods and how the United Nations Convention on Contracts for the International Sale of Goods (CISG) was used to remove the barriers posed by a lack of harmonization of the sales laws of different nations. It concludes that a convention on personal data privacy is needed in order to facilitate the free flow of data and proposes interested nations utilize the CISG as a model for creating the new convention.