The September 28 LawFlash “Advocate General Of ECJ Rules EU Data Protection Authorities Can Investigate Complaints About Safe Harbor Programme” by of counsel Dr. Axel Spies and partners Pulina Whitaker, Matthew Howse, and Gregory T. Parks cautions that EU data protection authorities have powers to investigate complaints about the transfer of personal data to the US by Safe Harbor–certified organizations and can, where justified, suspend data transfers until their investigations are complete. In Maximillian Schrems v. Data Protection Commissioner (case C-362/14), the Advocate General at the European Court of Justice (ECJ) ruled that such suspension of data transfers would be justified under “exceptional circumstances.” The ruling of the ECJ in this matter is expected to be rendered on October 6, which would be an unusually fast decision.
Read our full LawFlash on this subject for an analysis of the ruling and its implications in relation to Safe Harbor certification and personal data transfers to the United States.