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02 October 2020
The U.S. Department of Commerce (DOC), Department of Justice (DOJ), and the Office of the Director of National Intelligence (ODNI) jointly issued a White Paper containing information about privacy protections under U.S. law for national security access, with a particular focus on the issues raised by the Court of Justice of the European Union (CJEU) in its Schrems II decision.
The White Paper focuses on practical applications of the legal authorities the CJEU examined in Schrems II and discounts mere "theoretical possibilities" that are unlikely to occur. The White Paper also points to various measures relevant to proportionate data collection and individual redress that the CJEU did not take into account and that companies can include in their Schrems II data transfer assessments. The U.S. Government also cites to various materials the CJEU did not consider, much of which can be found at IC on the Record. In particular, the White Paper notes:
The U.S. Government made clear that the White Paper is not intended as guidance for companies about EU law or the positions they should take with EU regulators and courts. Nonetheless, the White Paper provides an array of information that companies relying on Standard Contractual Clauses or Binding Corporate Rules for EU-U.S. transfers of personal data can consider in their internal assessments of whether the transfers are affording EU individuals adequate protections consistent with EU law.
For further information on this topic please contact Timothy P Tobin at Hogan Lovells by telephone (+1 202 637 5600) or email (email@example.com). The Hogan Lovells website can be accessed at www.hoganlovells.com.
This article has been reproduced in its original format from Lexology – www.Lexology.com.
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