24.06.2015

Study: US legal system on data protection in the field of law enforcement

Study by Prof. Francesca Bignami for the LIBE Committee: The US legal system on data protection in the field of law enforcement. Safeguards, rights and remedies for EU citizens
Abstract
Upon request by the LIBE Committee, this study surveys the US legal system of data protection in the field of federal law enforcement. It reviews two principal sources of US data protection law, the Fourth Amendment to the US Constitution and the Privacy Act of 1974. It also considers the legally prescribed methods of data collection, together with their associated data protection guarantees, in ordinary criminal investigations and national security investigations. Throughout, the study pays special attention to the rights afforded to EU citizens.