Personal Data’s protection in the Use of Predictive Justice Systems: EU vs. U.S.A.

Abstract

This research aims to analyze, through the lens of comparative law methodology, the legislative framework of the

European Union and the United States on privacy and protection of personal data in the use of predictive justice

systems.

The right to privacy was born in the U.S. and developed in the EU into the right to protection of personal data.

Unlike the EU, the U.S. presents a fragmented regulatory framework in the field of privacy and data protection.

Obviously, the protection of personal data in the use of predictive justice systems in EU and U.S. is based on a very

different legal landscape and compliance challenges differ. Notwithstanding the differences, it is interesting to see the

EU’s General Data Protection Regulation (EU 2016/679) influence on the U.S. data privacy landscape – such

as the California Consumer Privacy Act of 2018 and the importance of comparative data protection law in the field

of predictive justice.