The justiciability of data privacy issues in Europe and the US

The differences between EU and US privacy law have become an increasingly complex issue to navigate for privacy scholars and practice. In this chapter, the differences and tensions between US and EU approaches to privacy are discussed through the lens of the justiciability of privacy issues. Our analysis of the EU-US privacy divide focuses on the extent to which individuals have the right to sue for privacy wrongs in the EU and the US respectively. That the two legal systems differ in this regard is well-known, but a more systematic analysis of these differences is missing in the growing body of EU-US privacy scholarship. This chapter aims to fill this gap.