In was has become an almost comical routine, we appear to be going around and round in circles trying to square the circle between EU privacy law and US mass surveillance.
In early October, just 12 days after the joint EU US review of Privacy Shield, the High Court in Ireland granted a request from the Irish Data Protection Commissioner (DPC) for a reference to the European Court of Justice (CJEU) for a ruling on the validity of the so-called “Model Clauses” (or “Standard Contractual Clauses”) for transfer of EU personal data to the US.
You would be excused for getting the feeling that we have been here before, probably because we have been here before. The latest decision, which could be called Schrems 2, is effectively a sequel to an earlier decision, Schrems 1, and is based on the same underlying facts and issues.
At the heart of the matter is the inherent inability to square the circle between EU privacy law and US mass surveillance. The EU is unwilling to compromise on the privacy of its citizens, seen as a fundamental human right in Europe. Meanwhile, the US is unwilling to compromise on the mass surveillance that it sees as essential for its security.
For more information see the full article which first appeared on Think Digital, here.