• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar
  • Skip to secondary sidebar

Alston & Bird Privacy Blog

  • Home
  • Services
  • Events
  • Contacts

Peter Swire’s Op-ed: Schrems II Ruling Could Rupture Trans-Atlantic Data Flows

July 23, 2019 By Privacy & Data Security Team

Prof. Peter Swire, Elizabeth and Thomas Holder Chair at the Georgia Tech Scheller College of Business and Senior Counsel at Alston & Bird, recently published an opinion piece, first in French in Le Monde, and then in English in the European Law Blog, with the title “the US, China, and Case 311/18 on Standard Contractual Clauses.” The piece argues that the Court of Justice of the European Union’s decision in the Schrems II case could create a privacy absurdity: Trans-Atlantic data flows to the U.S. would be halted for fear of intrusive surveillance, but European data would still flow freely to China, “a nation with surveillance practices ripped from the pages of a dystopian science fiction novel.” Swire has also published an annotated bibliography supporting the factual and legal points made in the article.

The CJEU heard oral arguments for Schrems II on July 9, 2019. Advocate General Henrik Saugmandsgaard Øe indicated he will publish his opinion on December 12, 2019, and the full court’s final decision is expected to follow in the first quarter of 2020.

Prof. Swire participated as an independent expert witness concerning U.S. law in the Schrems II case before the Irish High Court, at Facebook’s selection.  Swire provided independent oral and written testimony before the High Court, but has not participated any further in the litigation since that time.

Filed Under: Data Protection, International Tagged With: Cross-border, EU Data Protection, European Court of Justice, Max Schrems decision

Reader Interactions

Primary Sidebar

This blog is a service of Alston & Bird’s Privacy & Data Security team and focuses on key data privacy and data security issues.


Countdown to CCPA Effective Date


Receive email notifications when new posts are added.

Receive email notifications when new posts are added.


PRIVACY MAILINGS
Click Here to Sign Up

FOLLOW US
on Twitter Click Here


Secondary Sidebar

Categories

Recent Posts

  • Alston & Bird Expands Privacy and Cybersecurity Capabilities with Former FTC Veteran
  • Treasury Announces Sanctions Against Cybercriminal Group Behind ‘Dridex’ Malware, Offering Mitigation Strategies for Businesses
  • Critical Audit Matters Disclosure Implicates Information Technology and Security
  • SHIELD Act Overhauls New York’s Data Breach Notification Framework
  • Alston & Bird Details 21 Potentially Significant Impacts from Draft CCPA Regulations
Copyright © 2019 · Alston & Bird · All Rights Reserved. Privacy.
This website uses cookies to improve functionality and performance. By continuing to browse this site, you are consenting to the use of cookies on this website. OkCookie policy