Friday, July 18, 2014

(Un) Safe Harbor under Court of Justice of the European Union scrutiny

On 18 June 2014 an Irish High Court Judge referred a question to the Court of Justice of the European Union (CJEU) and asked for a ruling that would take into consideration the Commission adequacy decision on data transfers to the USA (Safe Harbor). 

In particular, the CJEU was asked to determinate whether a national data protection authority has to blindly follow the Commission’s Decision (Safe Harbor). If this is not the case, is such authority able to carry out its own review of a third country’s level of data protection.