Do not look to Europe to protect our data

[Commentary] Is personal data better shielded in Europe from the prying eyes of national security investigations than in the US? That is a general assumption of some following the revelations by former US intelligence contractor Edward Snowden. But it may be incorrect.

It is naive to think that European intelligence agencies do not use data collected from phone and internet companies in their investigations. Privacy hawks may also be surprised to learn that the US imposes at least as much due process and oversight on foreign intelligence surveillance as others. Currently, there is quarrelling over how well the judicial and legislative approval process is working in America. But the fact that it exists at all is the critical point because few countries provide the kind of framework of judicial authorization and legislative oversight of national security investigations found in the US. There are no guarantees, in the US or anywhere else, that authorities are abiding by the laws restricting access to personal data in the name of national security. But the degree of authorization required and the kind of review that occurs is relevant indeed to a determination of how well personal privacy and liberty are protected. Viewed that way, the US fares better than many others. European critics of US privacy protections would be well advised to take stock of their own countries’ national security access to personal data.

[Wolf is head of global privacy and information management at law firm Hogan Lovells]