Epilogue Debate: Transatlantic Data Flow—Which Kind of Institutionalisation?

Abstract

Stronger institutionalisation of transatlantic privacy politics seems to be the next logical step in view of the growing social and economic importance of transatlantic data flow. The U.S. and the EU have set up multiple transatlantic institutions in the past. These specialised institutions are not based on a prior consensus on the value of privacy; rather, they are meant to contribute to the creation of such a consensus over time. In practice, however, the success of the specialised transatlantic institutions has been rather modest. Robust institutions will be indispensable for the success of data transfer regulation in the future. However, in view of the complex interests at stake, we need to be careful in choosing the right institutions to which we wish to entrust the matter.