TY - JOUR
T1 - The law and practice of international organizations’ interactions with personal data protection domestic regulation
T2 - At the crossroads between the international and domestic legal orders
AU - Marelli, Massimo
N1 - Funding Information:
The opinions and views expressed in this article are the author's own and do not necessarily represent those of the ICRC. The author is grateful to Christopher Kuner, Herke Kranenborg, Kenneth Armstrong, Francesco Messineo, Andrea Raab, Eve La Haye, Cosimo Monda, and Ashley Stanley-Ryan for their valuable feedback on an earlier draft. Special thanks go to Nahide Basri for her research support. All errors are the author's own.
Publisher Copyright:
© 2023 Massimo Marelli
PY - 2023/9/1
Y1 - 2023/9/1
N2 - The development and overlap of legal frameworks on personal data protection, on the one hand, by states and regional frameworks like the EU General Data Protection Regulation, and on the other hand, by International Organizations, raises fundamental questions about their coexistence and interaction, including questions concerning the interaction between the domestic and the international legal orders. This article considers how these different legal frameworks come into interaction and tension with each other, as well as how these tensions are addressed in the law and practice of International Organizations and in domestic laws. It reveals the pragmatism of a resulting approach which seeks to ensure effective protection of the fundamental right to personal data protection while respecting the need for IOs to be able to perform their mandate under international law in full independence.
AB - The development and overlap of legal frameworks on personal data protection, on the one hand, by states and regional frameworks like the EU General Data Protection Regulation, and on the other hand, by International Organizations, raises fundamental questions about their coexistence and interaction, including questions concerning the interaction between the domestic and the international legal orders. This article considers how these different legal frameworks come into interaction and tension with each other, as well as how these tensions are addressed in the law and practice of International Organizations and in domestic laws. It reveals the pragmatism of a resulting approach which seeks to ensure effective protection of the fundamental right to personal data protection while respecting the need for IOs to be able to perform their mandate under international law in full independence.
KW - EU law
KW - international organizations law
KW - personal data protection
KW - privacy
KW - public international law
U2 - 10.1016/j.clsr.2023.105849
DO - 10.1016/j.clsr.2023.105849
M3 - Article
SN - 0267-3649
VL - 50
SP - 1
EP - 17
JO - Computer Law and Security Review
JF - Computer Law and Security Review
M1 - 105849
ER -