[Gnso-ppsai-pdp-wg] Fwd: European Court of Justice Declares Safe Harbor Invalid!

Stephanie Perrin stephanie.perrin at mail.utoronto.ca
Tue Oct 6 13:28:51 UTC 2015

Doubtless folks will have seen this important ECJ decision already, but 
just in case I take the liberty of forwarding links to materials.  
Certainly will have an impact.  Full decision link is in the press release.
Stephanie Perrin

Very, very good privacy decision from Europe's highest court.

(1) National privacy agencies retain authority to enforce EU fundamental 

(2) The Safe Harbor arrangement in invalid for multiple reasons.

The practical impact will be to dramatically increase pressure on the US 
to update its privacy laws (ECPA, Privacy Act, FTC / DPA, FISA, etc).

Background on the EPIC website:




The Court of Justice declares that the CommissionâEUR^(TM)s US Safe 
Harbour Decision is invalid. Whilst the Court of Justice alone has 
jurisdiction to declare an EU act invalid, where a claim is lodged with 
the national supervisory authorities they may, even where the Commission 
has adopted a decision finding that a third country affords an adequate 
level of protection of personal data, examine whether the transfer of a 
personâEUR^(TM)s data to the third country complies with the 
requirements of the EU legislation on the protection of that data and, 
in the same way as the person concerned, bring the matter before the 
national courts, in order that the national courts make a reference for 
a preliminary ruling for the purpose of examination of that 
decisionâEUR^(TM)s validity

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