Cross-Border Data
A Multilateral Surveillance Accord: Setting the Table
Caitlin Fennessy Fri, Apr 23, 2021, 8:01 AM
Stakeholders are increasingly advocating for a multilateral accord on government surveillance.
Latest in Court of Justice for the European Union
Cross-Border Data
After Schrems II: A Proposal to Meet the Individual Redress Challenge
Kenneth Propp, Peter Swire Thu, Aug 13, 2020, 7:28 PM
We propose a solution to fix the perceived defects in U.S. surveillance law identified recently by the EU’s judicial branch.
Cross-Border Data
How Can the U.S. Respond to Schrems II?
Stewart Baker Tue, Jul 21, 2020, 8:11 AM
The decision of the European Court of Justice in Schrems II is gobsmacking in its mix of judicial imperialism and Eurocentric hypocrisy.
Privacy
European Court of Justice Opinion Clouds Future of Transatlantic Commercial Data Transfers
Kenneth Propp Tue, Dec 24, 2019, 8:08 AM
The context and possible implications of Advocate General Henrik Saugmandsgaard Øe’s opinion in Data Protection Commissions v. Facebook Ireland.
Privacy
Foreign Intelligence and Other Issues in the Initial Opinion in Schrems II
Peter Swire Mon, Dec 23, 2019, 9:36 AM
The advocate general’s opinion details some important new jurisprudence about how the EU may look at foreign intelligence surveillance in the future.
Social Media
The CJEU Facebook Ruling: How Bad Is It, Really?
Andrew Keane Woods Fri, Oct 4, 2019, 4:20 PM
It’s been a busy two weeks for the Court of Justice of the European Union (CJEU). Last week, the court handed down a landmark decision in favor of Google; this Thursday, Oct. 3, it released a blockbuster ruling against Facebook.
Privacy
Three Things to Remember from Europe’s ‘Right to Be Forgotten’ Decisions
Andrew Keane Woods Tue, Oct 1, 2019, 10:11 AM
Europe’s highest court issued two huge rulings on Sept. 25 regarding the implementation of the EU’s “Right to Be Forgotten.” Both decisions involve a long-standing dispute between Google and France’s data authority, the Commission Nationale de l’Informatique et des Libertés (CNIL); both have considerable implications for the cross-border regulation of the internet.
Cross-Border Data
EU Judges US Surveillance Law
Peter Swire Mon, Sep 11, 2017, 10:00 AM
The Irish High Court is considering a potential landmark case on the legality of transferring personal data from the European Union to the United States. A large portion of E.U. data transfers operates under “Standard Contract Clauses” (SCCs), boilerplate language widely adopted in written agreements. A central issue in Schrems v. Facebook is whether U.S. surveillance, when conducted within the U.S., is so pervasive that data transferred to the U.S. via SCCs lack “adequate” protection of privacy.