3 ms·
There's big differences. US 4th Amendment is similar to Article 7. However Article 8 covers things that aren't in the US constitution, e.g. the requirement for
by rmc 11y ago
There's big differences. US 4th Amendment is similar to Article 7. However Article 8 covers things that aren't in the US constitution, e.g. the requirement for an independent authority to ensure compliance, the right to access the data, the right for it to be accurate, the requirement that data is processed fairly for specific purposes on the basis of the (informed, unambiguous) consent of the person.
And the 4th Amendment doesn't apply to non-US people who aren't in the USA.
The Court of Justice of the European Union has found that US data protection law is significantly lacking compared to CFREU. If the US 4th Amendment was the same as the CFREU then there wouldn't have been that Safe Harbour case.
https://en.wikisource.org/wiki/Charter_of_Fundamental_Rights_of_the_European_Union#Article_8_.E2.80.93_Protection_of_personal_data https://en.wikisource.org/wiki/Charter_of_Fundamental_Rights...