‘Battling for the Rights to Privacy and Data Protection in the Irish Courts’

The European Court of Justice will soon begin hearings in Case C-362/14, which arises from a legal challenge by privacy advocates to the adequacy of data protection in Ireland. Schrems v. Data Protection Commissioner (2014) was essentially aimed at preventing Facebook Ireland from transferring users’ data to its parent company in the United States, in view of the insufficiency of the data protection regime there. The outcome of this case will likely have far-reaching implications for the transfer of data between the EU and the United States, and may well see the Court declare relevant EU law invalid. I have just published a case note on the proceedings in the High Court. Here is the abstract:

Far-reaching mass surveillance by the United States National Security Agency and other national security services has brought issues of privacy and data protection to the fore in recent years. Information and technology companies have been embroiled in this scandal for having shared, unwittingly or otherwise, users’ personal data with the security services. Facebook, the world’s largest social media company, has long-been criticised by privacy advocates because of its treatment of users’ data. Proceedings before the Irish courts concerning the role of national data protection authorities have seen an examination of these practices in light of relevant Irish and EU law.

The full citation is Shane Darcy, ‘Battling for the Rights to Privacy and Data Protection in the Irish Courts’ (2015) 31(80). Utrecht Journal of International and European Law 131-136, DOI: http://dx.doi.org/10.5334/ujiel.cv.

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