Legal Mechanisms, Essay Example

“Legal globalization introduce one authority induces other countries to adopt similar legal mechanisms, without coercion, taking advantage of ignorance or abusing political power” (BIRNHACK, 2008). For instance, a lawyer in the U.S wants to investigate a suspect, committed to a computer crime and residing in European Union, will use EU guidelines. Likewise, after acquiring the forensic data, lawyer will follow practices within the boundaries of EU and no violation will be made against the data privacy directives. Forensic investigators in the U.S comprehend to privacy laws within the limitations of two sectors i.e. financial and telecommunication sectors. As a result, data handling, creation or modification of any case can be utilized and transferred within the individual’s agreement, only on one condition i.e. if data is not associated with financial and telecommunication sectors (Türk,Herwig Hofmann, Gerard C.Rowe,Alexander, ).

In comparison to U.S and EU limitations, EU states that individual’s protection is a top priority and must be protected regardless of the cost. As per the EU Directive 95/46/EC, data that will be demonstrated in the court of law or any civil proceedings by the forensic team or investigator must be protected with optimal security controls (Türk,Herwig Hofmann, Gerard C.Rowe,Alexander, ). Dissimilar to the U.S, EU directives certifies that all governmental and business related sectors address and adhere to the standardized procedures of collecting and manipulating confidential data. Moreover, all the businesses and co operations regardless of falling in any particular sector must represent compliance to the directive that will ultimately protect an individual’s rights to privacy. Furthermore, EU also finds that the personal data contains any sort of information about an individual that is not permitted to transfer until certain applicable conditions are addressed, in order to transfer the personal information within or outside the national boundary.

References

Türk,Herwig Hofmann, Gerard C.Rowe,Alexander. Administrative law and policy of the european union Oxford Oxford University Press 2010.

Birnhack, M. (2008). The EU data protection directive: An engine of a global regime? Computer Law & Security Report, 24(6), 508 <last_page> 520.