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Reality and Illusion in EU Data Transfer Regulation post-Schrems

Thursday, 6 October 2016, 1 – 2:30pm

Reality and Illusion in EU Data Transfer Regulation post-Schrems

In Schrems v. Data Protection Commissioner, the Court of Justice of the European Union invalidated the EU-US Safe Harbour arrangement allowing personal data to be transferred to the US. The judgment is a landmark in the Court’s data protection case law, and illustrates the tension between the high level of legal protection for data transfers in EU law and the illusion of protection in practice.

The judgment has undermined the logical consistency of the other legal bases for data transfer besides the Safe Harbour, and reactions to it have largely been based on formalism or data localization measures that are unlikely to provide real protection. Schrems also illustrates how many legal disagreements concerning data transfers are essentially political arguments in disguise. The EU and the US have since agreed on a replacement for the Safe Harbour (the EU-US Privacy Shield), the validity of which will likely be tested in the Court. It is crucial for data transfer regulation to go beyond formalistic measures and legal fictions, in order to move regulation of data transfers in EU law from illusion to reality.

Campus LocationTrinity Long Room Hub
Accessibility: Yes
Event Type: Alumni, Arts and Culture, Campus information, Careers, Children’s activities, Classes, Conferences, Courses, Exhibits, External sport events, Key dates, Lectures and Seminars, Library, Public, Science Gallery, Special events, Student events, Trinity Sport events, Workshops and Training
Type of Event: One-time event
Audience: Undergrad, Postgrad, Alumni, Faculty & Staff, Public
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