ABSTRACT

After summarizing the main concerns related to citizens’ rights to privacy and data protection revealed by the Snowden revelations, this chapter examines the law related to data protection and privacy rights. As the Snowden revelations raised concerns in the relationship between the U.S. and the European Union (EU) and its member states, the chapter examines EU primary law covering data protection and privacy laws, including decisions from the EU’s court, analyzing why one of those decisions brought to an end a trade agreement between the U.S. and the EU. The chapter then examines how the U.S. courts have determined their decision-making in these areas of law in relation to state agencies surveillance practices. This examination assesses if the Snowden revelations impacted the courts by looking at decisions made before and after those revelations.