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The Implications of the Schrems Decision and ending of the US-EU Safe Harbour Agreement

Lowe, D (2016) The Implications of the Schrems Decision and ending of the US-EU Safe Harbour Agreement. The NewJurist.

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Abstract

This article looks at the Court of Justice of the European Union’s (CJEU) decision in Schrems v Data Protestation Commissioner1 that was delivered 6th October 2015. This case centres on the transfer of personal data from the EU and its Member States to the US under the Safe Harbour Agreements. This agreement was introduced to enable a freer flow of personal data for trade and industry purposes. However following the revelations of the US’ National Security Agency’s use of bulk data collection that included accessing the personal data of EU citizens, an Austrian citizen brought his case before the CJEU claiming the NSA would have probably accessed his data held by the social media company Facebook. This article examines what legal factors led to the CJEU making the decision that has resulted in the ending of the Safe harbour Agreement and why it is important that third countries who the EU has agreements have in place adequate legal provisions regarding data protection

Item Type: Article
Additional Information: First published in The New Jurist: http://newjurist.com/
Subjects: K Law > K Law (General)
K Law > KZ Law of Nations
Divisions: School of Law
Publisher: NewJurist
Date Deposited: 14 Jan 2016 08:08
Last Modified: 14 Jan 2016 08:08
URI: http://researchonline.ljmu.ac.uk/id/eprint/2596

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