Counter-terrorism and data transfers in international trade

Abstract

Recent developments show the growing threat posed by international terrorism - including to global trade. This article begins by outlining the initiatives being taken by the United States (US) and the European Union (EU) for trade security. Their success is, to a considerable extent, dependent on transfers of information between the participating states. But what is the effect of information sharing on the security of data provided by participating companies, for the privacy of citizens and, ultimately, for national sovereignty and the rule of law? This conflict, however, reaches even further. It goes beyond the 'issue of security' and impacts deeply on the relationship between the US and the EU.