Menu
A second Privacy Shield legal challenge increases threat to EU-US data flows

A second Privacy Shield legal challenge increases threat to EU-US data flows

French digital rights group La Quadrature du Net is seeking to annul the European Commission decision implementing Privacy Shield

The Privacy Shield transatlantic data transfer deal is now caught in a pincer action: A week after it emerged that Irish digital rights activists had filed suit to annul the deal come reports that a French campaign group has begun its own legal action.

French civil liberties campaign group La Quadrature du Net filed suit against the European Commission, the European Union's executive body, on Oct. 25.

Although the Court of Justice of the EU has not yet published details of the complaint, Brussels-based news agency Euractiv reported Thursday that La Quadrature's goal is to annul the Commission's decision that Privacy Shield provides adequate protection under EU law when the personal information of EU citizens is transferred to the U.S. for processing.

Digital Rights Ireland filed a similar suit against the Commission in September, it emerged last week. Details of that case have not yet been released either, and DRI declined to comment.

Privacy Shield entered effect in July, a replacement for the Safe Harbor framework that in October 2015 was overturned by a decision of the CJEU. Transatlantic commerce worth US$260 billion is reliant on the transfer of data that Privacy Shield enables, U.S. Secretary of Commerce Penny Pritzker has said, and its interruption would have consequences for many companies offering cloud services to consumers.

By going to the court directly rather than making its complaint through a national data protection authority, DRI must prove that Privacy Shield is "of direct and individual concern" to it. That will be "an uphill battle," according to Aaron Tantleff, a privacy and information security lawyer at Foley & Lardner.

La Quadrature, as a campaigning body rather than a collection of individuals with personal privacy rights to defend, will presumably face the same difficulty.

Neither the European Commission nor La Quadrature responded immediately to requests for comment on the court filing, details of which will eventually be published in the EU's Official Journal.


Follow Us

Join the newsletter!

Error: Please check your email address.

Featured

Slideshows

Looking back at the top 15 M&A deals in NZ during 2017

Looking back at the top 15 M&A deals in NZ during 2017

In 2017, merger and acquisitions fever reached new heights in New Zealand, with a host of big name deals dominating the headlines. Reseller News recaps the most important transactions of the Kiwi channel during the past 12 months.

Looking back at the top 15 M&A deals in NZ during 2017
Kiwi channel closes 2017 with After Hours

Kiwi channel closes 2017 with After Hours

The channel in New Zealand came together to celebrate the close of 2017, as the final After Hours played out in front of a bumper Auckland crowd.

Kiwi channel closes 2017 with After Hours
Meet the top performing HP partners in NZ

Meet the top performing HP partners in NZ

HP honoured leading partners across the channel at the Partner Awards 2017 in New Zealand, recognising excellence across the entire print and personal systems portfolio.

Meet the top performing HP partners in NZ
Show Comments