Transatlantic Politics of Data Transfer: Extraterritoriality, Counter-Extraterritoriality and Counter-Terrorism

Transatlantic co-operation and conflict over air passenger information, financial transactions records and maritime container security illustrate the European Union's reaction to the transboundary assertion of US counter-terrorism regulation in the wake of the terrorist attacks of September 11. A close examination of the cases suggests that the EU-US agreements on the transfer and use of PNR and SWIFT data were made to safeguard the integrity of the EU data protection regime and more importantly the European norm of data privacy from the undermining effects that might arise from the extraterritorial exercise of authority by the United States.