R. Wong (UK) and D.B. Garrie (USA)
Clickstream data, Data Protection, Wiretap Act
Clickstream data is an issue that cannot be ignored by non-EEA data controllers, Data Protection Authorities, Legislators and the Judiciary. This paper discusses the notion of clickstream data in the context of the European and U.S. legal framework. It considers the extent to which clickstream data is protected as “personal data” under the European Data Protection Directive 95/46/EC and discusses the impact of the Wiretap Act, 18 U.S.C. § 2701 (2004), and related statutes on clickstream data. The paper calls for more discussion by Data Protection Authorities into the notion of clickstream data and its application on the Internet.
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