Diritto ed Economia dell'ImpresaISSN 2499-3158
G. Giappichelli Editore

30/09/2020 - Privacy: the data protection agreement offered by the EU-US shield regime is inadequate

argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: privacy - protection agreement - EU -USA

On 17 July 2020, the EU Court of Justice in case no. C-311/18, called to provide clarifications in the context of a dispute that sees the Data Protection Commissioner (Data Protection Commissioner) opposed to Facebook Ireland Ltd and to Mr. Maximillian Schrems in relation to a complaint filed by the latter regarding the transfer of personal data by Facebook Ireland Ltd to Facebook Inc. in the United States declared the decision on the adequacy of the protection offered by the EU-US shield regime for the privacy. In fact, the limitations of the protection of personal data that result from the internal regulations of the United States regarding the access and use, by the United States authorities, of the data transferred from the Union to that third country, are not framed in order to respond to requirements substantially equivalent to those required in Union law by the principle of proportionality, given that surveillance programs based on the aforementioned legislation are not limited to what is strictly necessary