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Sunday, October 30, 2016

Legal Challenge to Privacy Shield Lodged in CJEU

On October 27, it was announced that an Irish privacy advocacy group had filed a legal challenge to the EU-U.S. Privacy Shield framework in the Court of Justice of the European Union (CJEU). The action by Digital Rights Ireland calls for an annulment of the adequacy decision for the framework reached by the European Commission on July 12, 2016.  The activist group has been influential, helping overturn the Commission’s Data Retention Directive in 2014 and contributing to the lawsuit by Maximilian Schrems that led to the collapse of Safe Harbor.  It could be a year or more before the CJEU rules on the case.  Other legal challenges can be expected, with the head of one Irish privacy consulting firm stating that the latest proceeding appeared to mark "the start of open season on Privacy Shield".

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