On October 23, 2015, the Portuguese Data Protection Authority (Comissão Nacional de Protecção de Dados – CNPD) issued its post-Schrems decision. Implementing the Schrems decision, and referring also to the WP29’s recent statement, the CNPD prohibited data transfers to the US under Safe Harbor. The Authority stated that it will issue provisional authorizations under systems […]
On October 20, 2015, the House of Representatives moved to the Senate a bipartisan bill, the Judicial Redress Act of 2015, which would extend some of the protections of the Privacy Act of 1974 to citizens of certain foreign countries so that they could pursue their privacy rights in US courts. More information on the rights set […]
After the EU Court of Justice (ECJ) held that the Safe Harbour decision is invalid (see here ), all transfers of personal data that are still taking place under the decision are unlawful. So the Article 29 Working Party (WP29) in its September 16, 2015 statement after the ECJ’s Schrems decision. The Woking group also opines that […]
Authors report the recent developments in the Austrian data protection class action started by Max Schrems against Facebook in Austria. The full text is available at http://www.corderycompliance.com…
On October 20, 2015, the Irish Data Protection Commission declared that it will proceed to investigate the substance of the complaint brought by Schrems against Facebook “with all due diligence” after the European Court of Justice held the Safe Harbor Decision invalid. The investigation will commence under section 10 of the Irish Data Protection Act and it […]
What is this case about? This case is a ruling from the European Court of Justice (Case C-230/14 of 1 October 2015) about the ability of national EU Member State data protection regulators to deal with matters involving organisations situated beyond their borders. What is the background to this case? A Slovakian registered company called […]
In light of the recent decision in C-362/14 (Maximilian Schrems v. Data Protection Commissioner), European Data Protection Agencies may suspend data transfers under Safe Harbor. Multinational companies might start to get worried. But are there other instrument to transfer data between the EU and the US? Yes! According to WP29, there are at least two other […]
On October 9, 2015, the Council of the European Union agreed on Data Protection Regulation proposal. This agreement enables the Luxembourg presidency to start discussions with the European Parliament also on that part of the Data Protection Regulation concerning the protection of personal data processed for the prevention, investigation, detection or prosecution of criminal offenses or […]
The Court of Justice of the European Union on October 6, 2015 released an important decision ruling the transfer of personal data from the European Union to the United States, consistent with the opinion by Advocate General, Yves Bot, of September 23, 2015. The ruling repealed the Decision 2000/520 of the European Commission that had […]
On October 6, 2015, the European Court of Justice (ECJ) issued its decision in C-362/14 (Maximilian Schrems v. Data Protection Commissioner). As suggested by the Advocate General Yves Bot (“AG”) on September 23, 2015, (see here), the ECJ held a Commission’s decision of adequacy pursuant to Article 25(6) does not prevent a supervisory authority […]