Court of Justice of the European Union (ECJ) declared the Safe Harbour agreement invalid
13-10-2015, 16:16  / ნანახია: 833

Inform's Blog

 

Case Law, CJEU: Schrems v Data Protection Commissioner, Key Aspects of the Judgment – Lorna Woods

 

"On 6 October 2015, the Court of Justice of the European Union (ECJ) declared that the Safe Harbour agreement which allowed the movement of digital data between the EU and the US was invalid. The Court was ruling in a case brought by Max Schrems, an Austrian student and privacy campaigner who, in the wake of the Snowden revelations of mass surveillance, contested the fact that data about Europeans and others was being stored in the US by tech companies such as Facebook.

 

This is a judgment with very far reaching implications, not just for governments but for companies the business model of which is based on data flows. It reiterates the significance of data protection as a human right, and underlines that protection must be at a high level. In this, the ECJ is building a consistent line of case law – and case law that deals not just with mass surveillance (Digital Rights Ireland) but activities by companies (Google Spain) and private individuals (Rynes).

 

At a practical level, what happens today with the Decision declared invalid? Going forward, will there be more challenges looking not just at mass surveillance but at big data businesses self-certifying? What will happen to uniformity in the EU? Different Member States may well take different views. This should also be understood against the Weltimmo judgment of last week, according to which more than one Member State could have the competence to regulate a multinational business (irrespective of where that business has its registered office in the EU). Finally, what does this mean for the negotiation of the Data Protection Regulation? The political institutions had agreed that the Regulation would not offer lower protection than the Data Protection Directive, but now we might have to examine this directive more closely."

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