La sorveglianza elettronica di massa e il conflitto regolatorio USA/UE

This article focuses on the background of the ECJ Schrems decision and deals with the regulatory conflict between USA and Europe in the field of data protection. It provides a detailed analysis of the legal architecture of the mass surveillance programs adopted by the US security agencies and discusses the issue of privacy protection for foreign citizens. By comparing the US and the EU approach, it details the transatlatic conflict that arose in the aftermath of the introduction of the Directive 95/46 and looks at the ECJ Digital Rights, Google Spain and Schrems decisions as integral part of such regulatory conflict. It argues that given the particular features of the technological context, which makes extraterritorial violations much easier, decision-makers should take more seriously the universal character of the right to privacy as a fundamental human right.