Roslyn Layton in WSJ
Europe’s Protectionist Privacy Advocates.
Washington Post, March 9, 2016
In this op-ed, Roslyn Layton critiques the European legal activism that dismantled the U.S.–EU Safe Harbor agreement, arguing that such actions have unintentionally undermined privacy, disrupted transatlantic digital trade, and encouraged protectionist policies. She maintains that the replacement deal, Privacy Shield, offered robust safeguards and dispute resolution mechanisms, yet continued opposition reflects a broader agenda to favor domestic technology providers under the guise of privacy concerns. Drawing on research, Layton argues that stringent regulation does not guarantee better privacy outcomes and that meaningful protections are more often achieved through innovation and embedded corporate practices. She warns that the EU’s approach, especially under GDPR, risks expanding surveillance powers and institutionalizing class-action lawsuits that ultimately harm businesses, consumers, and economic cooperation.