I trasferimenti di dati personali verso Paesi terzi dopo la sentenza Schrems e nel nuovo regolamento generale sulla protezione dei dati

Autor: Piroddi, Paola
Rok vydání: 2016
DOI: 10.13134/978-88-97524-75-5/7
Popis: This paper examines the EU Court of justice’s judgment the case Maximillian Schrems v. Data Protection Commissioner. In this land-mark ruling, the Court declares that the European Commission’s decision enforcing the « Safe Harbour » agreement between the US Department of Commerce and the European Union, read in the light of Articles 7, 8 and 47 of the EU Charter of Fundamental Rights, is invalid. Although the Commission found in that decision that the American legal system affords an adequate level of protection of personal data, the Court holds that the law and practices in force in the USA at the time of the facts of the case did not ensure a protection sufficient to comply with the requirements of the EU legislation on the protection of such data. The Court further determines that national supervisory authorities of Member States may examine claims concerning violation of an individual’s rights in regard to the processing of his personal data which has been transferred to a third country. The analysis of the judgment is conducted in two parts. The first briefly presents the basic elements of the case and outlines the fundamental requirements of directive 95/46/CE (the « General Data Protection Directive ») and its mechanism of transfers of personal data to third countries. The second part identifies the reasons of the Court’s decision and discusses some of the problematic consequences raised by the case. These include the effective functioning of the EU data protection law and Charter of Fundamental Rights; the « complete independence » of functions of Member States’ national supervisory authority; the Commission’s power to adopt adequacy decisions regarding third States; the legal effects of the declaration of invalidity of the « Safe Harbour » decision and its disruptive practical consequences on transatlantic data transfers. The issues raised by the Court’s ruling are also examined under the new General Data Protection Regulation’s draft text, since on 15th December 2015 the European institutions reached agreement on this important measure, which is due to abrogate and substitute the directive. The comment concludes with a brief general assessment of the questions that the judgment of the Court has left open, and some observations regarding the tension between the USA and the European Union because of the tentative assertion by the European legislator of its data protection legal framework as a model legislation at a global level.
La protezione transnazionale dei dati personali. Dai “safe harbour principles” al “privacy shield”
Databáze: OpenAIRE
Externí odkaz: