![]() ![]() Why do we need these special data-transfer mechanisms at all? Under EU law, companies face a variety of restrictions on transferring personal data outside of the Union. surveillance and lack of legal remedies for unlawful surveillance. agreement, known as “Privacy Shield.” The ruling also made it more challenging for companies to rely on alternative mechanisms for transferring data from the European Union to the United States, due to the scope of U.S. law to the CJEU on behalf of Max Schrems, an Austrian privacy advocate.) The CJEU’s decision resulted in the invalidation of a previous EU–U.S. surveillance law and remedies in the Irish High Court, and I submitted a report on U.S. (In that litigation, I provided expert testimony on U.S. ![]() data-transfer agreement, following the July 2020 decision by the CJEU in Data Protection Commissioner v. The executive order and accompanying DOJ regulations are intended to facilitate a new EU–U.S. Background: The Schrems II Decision and the End of Privacy Shield Read Part I of the series, by Liza Goitein, here. Below, I address the administration’s new procedures for handling complaints of unlawful surveillance, my initial take on why these procedures are unlikely to satisfy the Court of Justice of the European Union (CJEU), and why Congress must step in to ensure individuals can fairly pursue redress in Article III courts. This post is the second installment on the Biden administration’s executive order on signals intelligence collection and use. ![]()
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