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.
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
- Association Belge des Consommateurs Test-Achats ASBL v Conseil des ministres Case C-236/09, [2011] ECR I-773
- Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs [2017] UKSC 62, [2019] AC 777
- Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources Joined Cases C-293/12 and C-594/12, EU:C:2014:238
- Elliniki Radiophonia Tiléorassi AE (ERT) v Dimotiki Etairia Pliroforissis Case C-260/89, [1991] ECR I-2925
- Google Spain SL v Agencia Española de Protección de Datos (AEPD) and Mario Costeja González Case C-131/12, EU:C:2014:317
- Hauer v Land Rheinland-Pfalz Case 44/79, [1979] ECR 3727
- Kadi and Al Barakaat International Foundation v Council and Commission Joined Cases C-402/05 P and C-415/05 P, [2008] ECR I-6351
- Nold v Commission Case 4/73, [1974] ECR 491
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