<em>Schrems v Data Protection Commissioner</em>: No “Safe Harbor” from the Oncoming Storm?

Schrems v Data Protection Commissioner: No “Safe Harbor” from the Oncoming Storm?

By: James Kitching, Simon Camilleri

On 6 October 2015, the Court of Justice of the European Union (“CJEU”) handed down its decision in Schrems v Data Protection Commissioner in which Max Schrems challenged the legality of a decision by the Irish Data Protection Commissioner (“Irish DPC”) not to investigate his claims relating to the adequacy of the US-EU Safe Harbor scheme in light of the revelations made in 2013 by Edward Snowden. This memorandum sets out the background to the Schrems case, summarises the Advocate General's Opinion and CJEU's judgment, and analyses the potential wider implications for the “adequacy” standard for international data transfers under the European Data Protection Directive 95/46.

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