Sujit Choudhry is an authority on comparative constitutional law, with a deep understanding and experience in the field. He served as advisor to constitutional building, governance, as well as rule of law processes for more than 2 decades, in places such as South Africa, Yemen, Ukraine, Egypt, and more. He has spoken and lecture in 30 countries, and is the founder of Center for Constitutional Transitions.
When talking about the General Data Protection Regulation that came into effect in Europe last year in May, Sujit Choudhry talked about the implication that the new law might have on American corporations. The law applies to all 28 states of the European Union, and could continue to apply to the United Kingdom as well after the Brexit, and not complying with the law could lead to very stiff fines.
Sujit Choudhry points out that American companies that are mining data from individuals in the European Union have to be careful, due to the fact that the GDPR protects people in the EU from data mining by companies that are outside the EU – which includes the United States as well. He suggests that American firms that are suspecting they might be going against the GDPR should seek legal advice.
Sujit Choudhry compared the European Union and the United States, pointing to the Charter of Fundamental Rights of the European Union and to the Treaty of the Functioning of the European Union as documents that highlight the fact that Europeans are taking data protection very seriously. The provisions of the “right to the protection of personal data” are recent, and have been enacted after the internet became a thing.
He highlighted the fact that the United States has no sweeping laws that were designed with data mining and the internet in mind. He points to the fact that the Constitutions contains no such protection, and that the Fourth Amendment is the closest one when it comes to addressing the issue – but he also notes that the amendment might be able to protect individuals from data mining that is performed by the government, but not data mining by private entities. Learn more about Sujit Choudhry: https://medium.com/@monicagewirtz/sujit-choudhry-research-meets-action-in-creating-updating-constitutional-law-around-the-globe-c8553afe14ca
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