In Schrems v Data Protection Commission (http://curia.europa.eu/juris/documents.jsf?num=C-362/14), the European Court of Justice looked at whether the Irish Data Protection Commissioners Office had the authority to examine claimant’s concerns regarding the transfer of his personal data under the Safe Harbour Framework from Facebook’s Irish subsidiary to its parent company, Facebook Inc., in the United States of America.
The Court ruled that the Safe Harbour agreement on data transfers from the EU to the US is invalid, as it fails to ensure adequate protection for that data, as required by the Data Protection Directive. The Court has invited the Irish Data Protection Commissioner to consider suspending the transfer of European Facebook users’ personal data to the US. The Court also found that national data protection authorities must examine claims from subjects that a transfer of their personal data to a non-EEA country violates their right to privacy even if the country receiving that information has been found by the European Commission to ensure an adequate level of protection for that data.
This judgment has far-reaching consequences. Thousands of companies share data with US group companies and US-based service provides, such as Microsoft and Google, relying on the Safe Harbour arrangements to enable transfer of that personal data. Now they will need to consider whether they can continue with this, and develop ways of doing so. Just as interesting will be the effect the decision has on the flow of data between the EU and the US, and on the relationship between the countries. UK companies who transfer such data to the US should look to review their data privacy compliance process and ensure that the fundamentals are in place and being followed, all the while eagerly awaiting a new Safe Harbour Framework, which it is hoped will be released sooner rather than later.
Meanwhile, here at LNTV HQ, preparations for Halloween are in full flow. This does not mean dressing the office in cobwebs and pumpkins, but buying trick or treat chocolates and sweets, eating them, and then returning to the shop for more. It’s all in the interests of supporting the British confectionary industry you understand 😉
Have a spooky week….
LNTV insight 