The following Risk & Compliance Q&A provides comprehensive and up to date legal information covering:
In Data Protection Commissioner v Facebook Ireland and Maximillian Schrems, Case C-311/18 (Schrems II), the Court of Justice of the European Union (CJEU) invalidated the EU-US Privacy Shield based on the potential interference with data subject rights caused by US government surveillance carried out under Section 702 of Foreign Intelligence Surveillance Act (FISA) and Executive Order 12333 (EO 12333). In its decision, the CJEU also referred to PRISM and UPSTREAM, two surveillance programs revealed following Edward Snowden’s leaks in 2013. This Q&A, by Richard Lawne, associate in the Privacy, Security and Information team at Fieldfisher, provides a brief overview of the surveillance regimes referred to by the CJEU in its decision. It does not address all of the surveillance activities carried out by the US government or the laws governing law enforcement requests (like the CLOUD Act).
The Foreign Intelligence Surveillance Act (FISA) was enacted in 1978 to regulate US governmental electronic and physical surveillance of communications for foreign intelligence purposes. It has been amended, strengthened and reformed a number of times, including by the USA Patriot Act, the FISA Amendments Act and the USA FREEDOM Act.
FISA authorises government surveillance through various means: electronic surveillance, physical searches, pen register and trap and trace surveillance and business record searches. All FISA activities are overseen by the Foreign Intelligence Surveillance Court (FISC), which sits
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The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
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