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Tag: Lorna Woods (Page 1 of 2)

Data Protection: “You Were Only Supposed to Blow the Bloody Doors Off!”: Schrems II and external transfers of personal data – Lorna Woods

The Court of Justice today handed down the much anticipated ruling on the legality of standard contractual clauses (SCCs) as a mechanism to transfer personal data outside the European Union.  It forms part of Schrems’ campaign to challenge the ‘surveillance capitalism’ model on which many online businesses operate: there are other challenges to the behavioural advertising model ongoing. Continue reading

Any reform to the law on Official Secrets must provide robust protection for public interest disclosures and open justice – Lorna Woods, Lawrence McNamara and Judith Townend

With the election now in the past, the wheels of government are beginning to grind again. While most eyes are on Brussels, it is important that the bright lights of Brexit do not draw attention away from other work that is resuming and ongoing. Among it, the Law Commission will continue its project that considers the revision of the laws on Official Secrets, with its final proposals expected later this year. Continue reading

Data retention and national law: the ECJ ruling in Joined Cases C-203/15 and C-698/15 Tele2 and Watson (Grand Chamber)

tele2The 21 December 2016 judgment in these important cases concerns the acceptability from a human rights perspective of national data retention legislation maintained even after the striking down of the Data Retention Directive in Digital Rights Ireland (Case C-293/12 and 594/12) (“DRI”) for being a disproportionate interference with the rights contained in Articles 7 and 8 EU Charter of Fundamental Rights (EUCFR).  Continue reading

Case Law, CJEU: VKI v Amazon, Which data protection and consumer law applies to Amazon? – Lorna Woods

amazonThe recent CJEU judgment in VKI v Amazon (C-191/15) concerns jurisdiction both in the context of conflict of laws (applicable consumer laws) and the Data Protection Directive. Essentially, the Court of Justice had to decide which Member State’s data protection law should apply where goods are sold across national borders but within the EU. In this, it forms part of a stream of case law (both decided and pending), dealing with the powers of states (and their institutions) to protect those within their boundaries notwithstanding the digital internal market. Continue reading

Case Law, CJEU: Schrems v Data Protection Commissioner, Key Aspects of the Judgment – Lorna Woods

FacebookOn 6 October 2015, the Court of Justice of the European Union (ECJ) declared that the Safe Harbour agreement which allowed the movement of digital data between the EU and the US was invalid. The Court was ruling in a case brought by Max Schrems, an Austrian student and privacy campaigner who, in the wake of the Snowden revelations of mass surveillance, contested the fact that data about Europeans and others was being stored in the US by tech companies such as Facebook. Professor Lorna Woods of the University of Essex explains some key aspects of the judgment. Continue reading

Case Note: Schrems v Data Protection Commissioner, The beginning of the end for safe harbour? – Lorna Woods

schremsThe Advocate General of the European Court of Justice has delivered his non-binding legal opinion in Schrems v. Data Protection Commissioner, a case brought by an Austrian citizen against the Irish Data Protection Commissioner concerning the transfer of Facebook data to US servers.  Professor Lorna Woods, University of Essex, reports and comments on the opinion – and its potential implications. Continue reading

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