Talk by IT Law and Data Protection Specialist Prof. Lee Bygrave
The IT Law Programme invites you to a discussion with a distinguished IT Law and data protection specialist professor Lee Bygrave from Oslo University
He will give his talk on Friday, October 9, 2015, from 14.15 to 17.30 at the Faculty of Law, Näituse 20 room 103. The talk will focus on the following topics:
- the US-EU cleavage on data protection regulatory policy;
- the extent to which data protection rules can and ought to apply to use of human biological material;
- regulatory policy on privacy-enhancing technology and privacy/data protection by design.
The first topic has recently become subject to close public interest due to the expected judgement on the morning of upcoming Tuesday (6th of October) in the case of Maximillian Schrems v Data Protection Commissioner (Case C-362/14). The latter case already gained significant media interest two weeks ago, when the Advocate General’s Opinion gave reasons to believe that the system of transferring personal data between the US and European Union may be seriously impacted with the judgement.
Namely, the Data Protection Directive (Directive 95/46/EC) provides that transfer of personal data from European Union member states may only take place if the countries to which the data is transferred provide adequate level of data protection. The list of such countries currently does not include USA. However, the European Commission may find that a third country provides an adequate level of data protection. The Commission has done so in respect of the Safe Harbour privacy principles, according to which companies who adhere to these principles may transfer personal data from Europe to the US. Maximillian Schrems claims that by using Facebook, his personal data is transferred to USA and after the revelations made by Edward Snowden it is clear that de facto the Safe Harbour privacy principles do not provide for an adequate level of data protection in the USA. European Union Court of Justice shall decide whether the supervisory authorities in the EU Member States may decide differently that the European Commission’s decisions have provided in respect of the adequacy of data transfers.
Press release on the case is available here.
Lee Bygrave’s visit to Estonia is organized by the IT Law Programme.
Additional information: Helen Eenmaa-Dimitrieva, Director of the IT Law Programme, tel: 737 6056, helen.eenmaa [ät] ut.ee