Schrems v Data Protection Commissioner

The Commission's decision that the United States provided adequate protection for personal data transferred from the EU, known as Safe Harbour, was invalid.

Citation
Case C-362/14, EU:C:2015:650
Court
Court of Justice of the European Union
Year
2015
Subject
EU Law
Topic
General principles and fundamental rights

Facts

Mr Schrems, an Austrian law student and Facebook user, complained to the Irish Data Protection Commissioner that Facebook, whose European headquarters were in Ireland, transferred his personal data to servers in the United States, where it could be accessed by the US intelligence services, as revealed by Edward Snowden. The Commissioner rejected the complaint, because a Commission decision, known as the Safe Harbour decision, had found that the United States provided an adequate level of protection.

Legal principle

The Court of Justice held that the Safe Harbour decision was invalid. National data protection authorities must be able to examine with complete independence whether transfers of data to a third country comply with EU law, even where the Commission has adopted an adequacy decision. The Court held that legislation permitting the public authorities to have access on a generalised basis to the content of electronic communications must be regarded as compromising the essence of the fundamental right to respect for private life, and that the Commission had not shown that the United States ensured an adequate level of protection.

Related cases on general principles and fundamental rights

Studying EU Law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.

Back to all law cases

This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

Contact Us

Enquire about our bespoke academic solutions