BREAKING: Top Court in Europe Invalidates EU-U.S. Privacy Shield, Citing Lack of Privacy Safeguards and Overbroad U.S. Surveillance Laws

Today the European Court of Justice issued a decision in Irish Data Protection Commissioner v. Facebook & Schrems, a case concerning transfers of personal data by Facebook between the EU and the United States. Specifically, the court considered the validity of transfers made from companies in the EU to companies in the U.S. pursuant to standard contracts or to the EU-U.S. Privacy Shield agreement, both of which had been authorized by the European Commission. But the court held that the Privacy Shield was invalid and that transfers could not be made under the contracts where personal data is not adequately protected. Because U.S. surveillance law authorizes the mass processing of personal data transferred from abroad, under Section 702 of FISA, it "cannot ensure a level of protection essentially equivalent to that guaranteed by the Charter." EPIC participated as an amicus curiae in the case and argued that U.S. surveillance law does not provide an equivalent level of protection because it does not provide adequate protections or remedies for non-U.S. persons abroad. EPIC was represented in this case by the Free Legal Advice Centres (FLAC) and by barristers Grainne Gilmore and Colm O’Dwyer, SC. [PRESS RELEASE]


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