Friday, July 17, 2020

Big Win for Privacy as European Court of Justice Invalidates EU-US Data Shield

The European Court of Justice's order yesterday striking down the EU-US Data Protection Shield in the Schrems II case is a big win for European privacy activists.

The court, according to Techcrunch, ruled that the US surveillance laws and data protection supposed to be provided in the EU-US Data Protection Shield"...interference with the fundamental rights of persons whose data are transferred to that third country”. The portal also states that because of this ruling "more companies (may) switch to regional data processing for European users".

Austrian privacy activist and lawyer, Max Schrems, had approached the Irish Data Protection Commission (DPC) to suspend Facebook’s use of standard contractual clauses SCCs. The data regulator took him to court and later Irish judges referred the case to Europe’s Court of Justice, which delivered this order.

CNN reported that around "5000 US companies rely on for transferring information across borders" and they will be now affected with the ECJ order.

BBC said that "Affected companies will now have to sign standard contractual clauses, as per EU laws.

As privacy activists celebrate the ECJ ruling, can India learn anything from this?

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