The European Court of Justice has handed down its highly anticipated ruling in the Schrems II case. The case considered the validity of the EU-US Privacy Shield and the efficacy of Standard Contractual Clauses (“SCC”) as data transfer protection mechanisms.
In this landmark case it was found that the EU Commission’s adequacy decision around the EU-US Privacy Shield framework was invalid. The leaves the mechanism for conducting EU-US data transfers in question. This matter maybe covered by recent discussions between the UK and US around entering into a seperate data sharing agreement. However, in the interim a transitional mechanism is sorely needed alongside guidance for data processors to give clarity to how data sharing between the countries can be regulated and data subjects rights safeguarded.
The SCC regime was affirmed to be valid however, it was suggested that companies and regulators enter into a case by case basis analysis of risk. In particular, it was highlighted that such an assessment should take place where government access to data is mandated. This is a highly topical issue in the US given current efforts to put in place a federal data protection regime.
For more details on the Schrems II case see-
The ICO‘s press release
Following significant pressure from groups such as OpenDemocracy and Foxglove the UK government has released its data sharing contracts with companies such as Amazon, Google and Microsoft for the creation of a cloud database for sharing covid-19 related data. Contracts with AI firms Planatir and Faculty were also released.Continue reading
On 1 May 2020 Mr Justice Warby handed down judgment concerning a pre-trial application by Associated Newspapers in its ongoing defence of claims of misuse of private information, copyright infringement, and breach of data protection rights by Meghan Markle, HRH The Duchess of Sussex.
INFORRM has an excellent two part post on Meghan Markle’s action for misuse of private information against the Associated Newspapers. Continue reading
The piece provides a succinct summary of the most influential cases throughout the year, caselaw which will likely impact the regulatory space for years to come.
Happy New Year readers!
This year we again are publishing our thoughts on the Top 10 Defamation cases of the year.
This covers the top 10 defamation cases jurisdictionally from across the UK, US, Canada, Australia and New Zealand.
Case will be ranked on the strength of the precedence they set, including thier impact on the jurisdictions legal framework.
Many thanks to INFORRM for orginally agreeing to post this article.