Data Protection
33 Articles

The Supreme Court Should Heed Friendly Advice on Microsoft Ireland
President Trump meets with Apple CEO Tim Cook, Microsoft CEO Satya Nadella, and Amazon CEO Jeff Bezos in the State Dining Room of the White House June 19, 2017 in Washington, DC.…
The Growing Divide Between European Governments and Regional Courts on Surveillance
Last week, as he delivered his first report to the UN Human Rights Council, the UN Special Rapporteur on the right to privacy made headlines with his sharp criticism of the United…
The Way Forward for Surveillance Reform Can Balance Human Rights and Government Needs
The fall of 2015 was marked by two key developments in the debate about laws on communications surveillance and the right to privacy. First, on October 6, the EU Court of Justice…
Safe Harbor and Reforming Section 702
Having only belatedly caught up on the European Court of Justice’s Safe Harbor decision, I wanted to weigh in on the excellent discussion between Tim Edgar and Peter Margulies…
Mass Surveillance and the Right to Privacy: Adding Nuance to the Schrems Case
Last week’s post by Megan Graham is certainly a welcome contribution in explaining the implications of the Max Schrems case by the European Union Court of Justice, and specifically…
Adding Some Nuance on the European Court’s Safe Harbor Decision
Yesterday, the European Court of Justice (ECJ) issued a decision about European data protection laws as they relate to data transfers to the US. While there have been a number…
Magistrate’s Compliance: Searching Electronic Data Overseas
Amidst all the talk about the so-called Magistrates’ Revolt (referring to a group of magistrates pushing back against the government’s broad electronic search requests), it’s…
Up to Date with the EU on Data Protection: Canvassing Implications for the US
The EU’s justice and rights commissioner, Viviane Reding has recently warned that the U.S. needs to adjust its surveillance programs or risk freezing its data sharing arrangements…
Privacy and Data Collection/Retention in the EU: Villalón Opinion
On Thursday of last week, Advocate General Cruz Villalón (see here for a description of the role of the Advocate General and the non-binding nature of their Opinions) delivered…