Advocate-General's Opinion in Schrems Safe Harbor case

Advocate-General's Opinion in Schrems Safe Harbor case

André Bywater and Jonathan Armstrong of Cordery, discuss the recent Opinion of Advocate-General Bot in relation to Maximillian Schrems v Data Protection Commissioner, Case C-362/14, which they call a ‘radical move’ which has ‘shaken the data protection safe harbor regime right to the core’.

Following the Snowden US surveillance revelations in 2013 the Austrian individual Maximillian Schrems brought a legal challenge before an Irish court challenging his rejected complaint before the Irish data protection regulator claiming that the US does not offer protection against surveillance by US intelligence authorities of data transferred to the US from the EU – Schrems’ data was being transferred from Facebook’s Irish subsidiary to the US. Back in 2000 the EU adopted the Safe Harbor Decision which provides a legal scheme for the adequate protection of personal data from the EU to the US. As the issue involved an interpretation of EU data protection law th

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