Data protection

  The Privacy Shield is dead, long live the Standard Contractual clauses? - not so simple Slowly the dust settles on the decision of the European Court of Justice invalidating the Privacy Shield, the most used basis of transfer of personal data to the U.S. The Court found no reason to invalidate the other frequent basis, the Standard Contractual causes but attached stringent conditions to their use. Some see the apocalypse coming, some say we cannot dispose of U.S: companies and try to find other solution. Staying in the middle, we try to shed light on what the 129-pages judgment means. I asked Andrea Jelinek, chair of the EDPB on behalf of portfolio.hu - the answers were published in Hungarian , I am waiting for the English version. See below for a very interesting aspect of her answers. Indeed, the SCC can be used as a legal basis to transfer personal data to a third country, but only if its clauses can be complied with. It was often said that the new data protection legal fram...

We hear most often about the surveillance by security services of the U.S. but also European states need to get information about what criminal organisations and terrorists plan and who participate in them. On the other hand the total surveillance state raises justified suspicions, in particular in post-communist countries. Moreover, information does not always come from direct surveillance by the state, government agencies would also like to have access to the most possible data collected and stored by private actors for their own purposes. Although processing of data for prevention and fighting crime does not belong under the general Data Protection Regulation (GDPR), neither under the e-privacy directive, the collection of data by private organisations does. On Wednesday the 15 th January the opinion of the advocate general of the European Court of Justice (ECoJ) was published in three such cases (joint cases C-511/18 and C-512/18, C-623/17 and C-520/18). A French, a British an...