Irish Data Protection Commissioner to Request Court Declaration As to Validity of Personal Data Transfers to the US Under EU Model Clauses

On May 25, 2016, Austrian law student Max Schrems issued a press release stating that he has been informed that the Irish Data Protection Commissioner (DPC) is planning to refer a question to the Court of Justice of the European Union (CJEU) as to whether the EU model clauses remain a valid data transfer mechanism to the US, given the issues raised by the CJEU in its Schrems v. Facebook ruling last October, on mass surveillance of communication by US intelligence agencies and the lack of legal redress where this is disproportionate for EU data subjects. Such a referral would require the DPC to seek a declaratory judgement in the Irish High Court, which would in turn request a ruling from the CJEU.

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