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Tag Archives for " data transfer "

CJEU to Deliver Judgement on Validity of Standard Contractual Clauses on July 16, 2020

The Court of Justice of the European Union has announced via its Twitter feed that it will deliver its judgement in the Schrems II case on July 16, 2020.

This judgement will determine the validity of the Standard Contractual Clauses (SCCs or Model Clauses) as a transfer mechanism under the General Data Protection Regulation (“GDPR”).

Source: CJEU to Deliver Judgement on Validity of Standard Contractual Clauses on July 16, 2020

EU wants UK to share more data before it grants access to crime-fighting system

European parliamentary committee says UK should share same amount of fingerprint data as member states.

The UK should be denied access to an EU crime-fighting system until it agrees to share more fingerprint data with member states, a European parliamentary committee has said.

The DNA exchange system enables British police to check the genetic code of EU criminals and criminal suspects in 15 minutes, compared with 143 days through the Interpol process.

British government does not fully comply with EU rules: British authorities are sharing DNA data from British-based criminals, but not criminal suspects, although it gets full access to equivalent data on suspects from other EU countries.

Source: EU wants UK to share more data before it grants access to crime-fighting system | European Union | The Guardian

German Supervisory Authority Publishes New Standard Clauses for Processors

On April 9, 2020, the German Supervisory Authority of Baden-Wuerttemberg published standard contractual clauses for data processors pursuant to Article 28(8) GDPR.

It is the first German Supervisory Authority to do so, and the second in EU after the Danish Supervisory Authority published its own standard clauses in July 2019.

Source: German Supervisory Authority Publishes New Standard Clauses for Processors

EU Parliament debates if California could be considered ‘adequate’

Members of the Parliament’s Committee on Civil Liberties, Justice and Home Affairs discussed in depth the European Commission’s report, issued Oct. 21, with representatives of the European Commission and European Data Protection Board.

Referring to the California Consumer Privacy Act, which took effect Jan. 1, Bruno Gencarelli, the commission’s head of International Data Flows and Protection Unit, said many of those who worked on the EU General Data Protection Regulation and Law Enforcement Directive “would not even have imagined a few years ago that there would be serious discussion in Congress about a federal privacy legislation or that California would have strong privacy rules that have just entered into application.”

Source: EU Parliament debates: Could California be considered ‘adequate’ on its own?

Advocate general thinks Standard Contractual Clauses are valid for data transfers out of EU

Henrik Saugmandsgaard Oe, advocate general to the Court of Justice of the European Union (CJEU), in his opinion issued yesterday said the use of so-called standard contractual clauses by Facebook and other firms to transfer information abroad is “valid.”

His non-binding opinion is not a ruling as such, but legal experts say opinions from the advocate general are typically followed by the court in a majority of cases. The CJEU will rule on the case in the coming months.

Source: Schrems vs. Facebook: Legal advisor to EU supreme court gives opinion

Advocate general will issue his view on EU data transfers tomorrow

Henrik Saugmandsgaard Øe, Advocate general at the Court of Justice of the European Union, tomorrow will issue his opinion in case brought by Austrian privacy activist Max Schrems.

At stake are standard contractual clauses used by Facebook and hundreds of thousands of companies, ranging from banks to industrial giants to carmakers, to transfer personal data to the United States and other parts of the world.

The opinion by advocate general  is non-binding. However, judges follow such recommendations in four out of five cases. The court will rule in the coming months.

Source: Facebook, privacy activist Schrems battle nears end on Dec. 19 – Reuters

TikTok found secretly transferring user data to China

According to a lawsuit file by a college student TikTok has been secretly transferring user data to China without gaining consent.

The class-action lawsuit filed in California, accuses TikTok of secretly harvesting large amounts of personally identifiable user data and sending it to China. In addition, the lawsuit accuses TikTok and its parent company ByteDance, of taking user content without their consent.

Source: #Privacy: TikTok found secretly transferring user data to China – PrivSec Report

AG Opinion in Schrems II Delayed

The Advocate General’s (AG) Opinion in Case C-311/18, Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (so called “Schrems II”), has been delayed until the 19 th December 2019.

The primary question before the European Court of Justice, and the AG, in Schrems II is whether the European Commission’s standard contractual clauses are valid for transfers of personal data to the United States.

Source: UPDATE: AG Opinion in Schrems II Delayed

Potential Brexit deal reached; data transfers remain, for now

More than three years after the U.K. voted in a referendum to leave the EU, a proposed Brexit deal is on the table just weeks ahead of an Oct. 31 deadline.

European Commission President Jean-Claude Juncker confirmed a deal had been reached. U.K. Parliament will vote on it this Saturday, Oct. 19.

The draft text of the deal released Thursday includes a section near the top on data protection, stating, “In view of the importance of data flows and exchanges across the future relationship, the Parties are committed to ensuring a high level of personal data protection to facilitate such flows between them.”

Source: Potential Brexit deal reached; data transfers remain, for now

Apple Shares Some Browsing History with Chinese Company

The company acknowledged it’s using ‘safe browsing’ technology from Tencent, which has ties to the Chinese government.

Apple is sending some browsing history of iOS 13 Safari users to Tencent Holdings Limited, a Chinese multinational conglomerate. The data shared is tied to the Safari Safe Browsing technology. Revelations of the relationship have drawn criticism from security and privacy experts.

Source: Apple Shares Some Browsing History with Chinese Company | Threatpost

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