The Transfer of Data in Family Relations: Territoriality versus Universality

Abstract

The increase in cross–border family relationships has led to an increase in the transfer of data to cover the information required by the authorities of the countries with which these relationships maintain different links. The importance of this phenomenon can be seen reflected in the incorporation in the international conventions of provisions that echo this situation. However, this data transfer clashes head–on with national or regional regulations that are developed to protect the fundamental rights of individuals. This protection will vary depending on the scope of protection both by the subjects and by the object of the transferred information. It is therefore necessary to analyze the scope of solutions in international instruments dealing with data transfer in cross–border family relationships as well such as its compatibility with national and regional regulations dealing with the protection of personal data. Knowing the scope of this situation will help to evaluate the effectiveness of these instruments as well as the usefulness of having protocols or guides that help States to facilitate this data without violating the rights of their citizens beyond their borders.