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International Journal of Law and Information Technology Advance Access originally published online on December 16, 2006
International Journal of Law and Information Technology 2007 15(2):129-152; doi:10.1093/ijlit/eal022
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International Journal of Law and Information Technology Vol. 15 No. 2 © Oxford University Press 2006; all rights reserved

The Future of Consumer Web Data: A European/US Perspective

Daniel B. Garrie, M.A., J.D1 and Rebecca Wong, LLB, MSC, LLM2

1 Daniel B. Garrie, Esq. is the CEO of LegalTech Group LLC. Mr. Garrie has received his J.D. from Rutgers University School of Law, and has penned several law review articles on a variety of technology and legal issues. Mr. Garrie holds an M.A. and B.A. in computer science from Brandeis University. Mr. Garrie has worked around the world with the various Government agencies and corporations as a Senior Consultant and is an Attorney admitted to both New York and the New Jersey Bar. Mr. Garrie currently resides in New York City. Mr. Garrie can be reached at Daniel.Garrie{at}gmail.com
2 Rebecca Wong is Senior Lecturer in Law at Nottingham Law School, Nottingham Trent University. Her main areas of specialism are in data protection and privacy. She holds an LLB (1998), MSc (2000), LLM (2001) and has recently completed her PhD in Data Protection (University of Sheffield). Her corresponding address is r.wong{at}ntu.ac.uk


  Abstract

The article considers the subject of clickstream data from a European/US perspective, taking into account the Data Protection Framework (Data Protection Directive 95/46/EC; Directive on Privacy and Electronic Communications 2002/58/EC) and the US legal framework and in particular, the Wiretap Act U.S.C. § 2701 (2004) and related statutes. It examines the extent to which clickstream data is considered "personal data" within the Data Protection Directive and the implications to consumers and businesses.

Key Words: Clickstream data • personal data • Data Protection Directive 95/46/EC • Directive on Privacy and Electronic Communications 2002/58/EC • Wiretap Act 18 U.S.C § 2701


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