Cross-Border Data
EU Privacy Law and U.S. Surveillance: Solving the Problem of Transatlantic Data Transfers
Most current approaches to resolving the EU-U.S. conflict fall short. It’s time for a hybrid approach.
Latest in Max Schrems
Most current approaches to resolving the EU-U.S. conflict fall short. It’s time for a hybrid approach.
The United States now finds itself forced to consider changes to its foreign surveillance law and practices in order to reestablish a stable basis for transatlantic transfers of personal data.
We propose a solution to fix the perceived defects in U.S. surveillance law identified recently by the EU’s judicial branch.
Schrems II will certainly affect the U.K.’s future data protection landscape. But the decision’s effects on Britain are not as catastrophic as some observers may have feared.
The judgment by the Court of Justice for the European Union has provoked a hostile reaction from U.S. national security and privacy experts. But it’s a wake-up call for how Americans should understand national security and surveillance in a world of global information networks.
The big news of the week was the breathtakingly arrogant decision
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.
Did China’s PLA really stop hacking US companies for commercial secrets? And does it matter? In episode 92, we ask those questions and more of two experts on the topic ‒ Washington Post reporter Ellen Nakashima, and Tony Cole, who has fought off his share of PLA hackers.