Bridging the Gap Between Right to Trade and Right to Privacy: An Application of the ‘Principle of Inter- Operational Equity’

Abstract

Trade and privacy both have persisted concurrently since time immemorial without any contradiction. Recently, they are conflicting with each other on various grounds in particular cases. The right to trade and the right to privacy are indivisible and utmost importance should be given in keeping the enforcement of these rights uninterrupted. Respective and regulatory authorities have failed to shield the citizens’ right to privacy due to loopholes and lacunas in the remaining laws. In these circumstances, by analyzing the present scenario, existing laws, conventional dispute settlement mechanism, and finally, introducing the ‘principle of inter-operational equity’ backed by morality and good conscience, this qualitative research aspires to pave the way in bridging the gap between the right to trade and right to privacy in this digital era. Although the research emphasizes on the disputes of the United States (hereinafter as “the US”) and the European Union (hereinafter as “the EU”), it is hoped that national and contemporary international issues regarding trade and privacy outside the jurisdiction of the EU and the US can also be settled by the principle introduced herein.