Daniel B. Garrie

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

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. 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@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 Sheffi eld). Her corresponding address is r.wong@ntu.ac.uk. Daniel B. Garrie would like to thank his mother Erica Garrie and Dean Camille Andrews at Rutgers School of Law for her support and guidance. Rebecca Wong would like to dedicate this article to Professor Deryck Beyleveld at Durham University and Professor Roger Browsword at Kings College, London for their support and guidance. Any errors are entirely the authors. Many thanks also to Ryan Lewis for his assistance with this article; Mr. Lewis graduated from Brown University with Honors and is currently working in New York City in the fi eld of technology compliant solutions for major corporations. at U niersity of ow SC L 126I on M ay 6, 2015 http://ijlirdjournals.org/ D ow nladed from THE FUTURE OF CONSUMER WEB DATA 130