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 Schrems v. Data Protection Commissioner
Cross-Border Data
EU Privacy Law and U.S. Surveillance: Solving the Problem of Transatlantic Data Transfers
Peter Margulies, Ira Rubinstein Wed, Mar 10, 2021, 11:51 AM
Most current approaches to resolving the EU-U.S. conflict fall short. It’s time for a hybrid approach.
Cross-Border Data
Why Schrems II Might Not Be a Problem for EU-U.S. Data Transfers
Alan Charles Raul Mon, Dec 21, 2020, 7:01 AM
Nearly all U.S. companies should have no difficulty showing that U.S. surveillance authorities at issue will not interfere with their ability to comply with standard contractual clauses.
Cross-Border Data
The Latest Skirmish in the Transatlantic Data Wars
Kenneth Propp Mon, Dec 14, 2020, 2:46 PM
A recent exchange over the privacy practices of the Terrorist Finance Tracking Program contributed to the mounting crisis between the United States and the European Union over transatlantic data transfers, privacy, and national security surveillance.
Western Europe
Schrems II and Individual Redress—Where There’s a Will, There’s a Way
Christopher Docksey Mon, Oct 12, 2020, 10:40 AM
What changes can the U.S. make to satisfy Schrems II’s requirements?
Cross-Border Data
The Need for Clarity After Schrems II
Bradley A. Brooker, Sujit Raman, James M. Sullivan Tue, Sep 29, 2020, 11:54 AM
The U.S. government has issued a white paper to help maintain the free and lawful flow of commercial and government data from the European Union to the United States after Schrems II.
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
Privacy Shield on Shaky Ground: What’s Up With EU-U.S. Data Privacy Regulations
Hayley Evans, Shannon Togawa Mercer Sun, Sep 2, 2018, 2:31 PM
There’s a lot going on in the privacy and data protection world. But one of the most pressing issues is the uncertain fate of Privacy Shield, the framework governing the flow of data between the EU and the U.S. for commercial purposes.
The Cyberlaw Podcast
Steptoe Cyberlaw Podcast: The Europocrisy Prize Edition
Stewart Baker Thu, Jun 16, 2016, 1:29 PM
European hypocrisy on data protection is a lot like the weather. Everyone complains about it but no one does anything about it. Until today.
Privacy
Needles in Haystacks: The Coming Threat to Trans-Atlantic Data Transfer Agreements
Kenneth Propp Wed, Jun 8, 2016, 8:22 AM
Over the past fifteen years, an uneasy trans-Atlantic equilibrium between U.S. law enforcement and security agencies’ collection of personal information, sometimes on a bulk basis, and European privacy protection imperatives has prevailed—even despite Edward Snowden's disclosures. Most notably, beginning in the immediate post-9/11 era, international agreements enabling U.S. access to Europeans’ airline passenger name records (PNR) and international bank transaction data were reached, and have been quietly functioning.