PRISM Program

News & Analysis as of

Apple’s DOJ Battle Sratches the Surface of Encryption Debate

By now you are likely aware of Apple’s ongoing battle with the Justice Department over the scope of the All Writs Act and its resistance of a federal court’s order compelling Apple to create special software that would unlock...more

No Port in a Storm: The United States’ Safe Harbor Is No More

Europe is on the cutting-edge of privacy protections, and has been for quite some time. The European Directive on privacy, the Data Protection Directive, was adopted in 1995 and regulates the sharing and processing of...more

EU Court Rejects “Safe Harbor” Agreement Permitting Customer Data Transfers to U.S.

The European Court of Justice (ECJ) has struck down the 15-year-old “Safe Harbor” agreement that permitted companies operating in Europe to transmit personal user data to the United States, as long as the U.S. ensures an...more

With Safe Harbor now “Invalid,” Companies Must Change Data Practices

Europe’s top court ruled that U.S. companies relying upon the “Safe Harbor Framework” data sharing regime to maintain information regarding EU citizens is “invalid.” This means that any company relying upon the Safe Harbor...more

Court of Justice of the European Union Says Safe Harbor Is No Longer Safe

On October 6, 2015, the Court of Justice of the European Union (CJEU) announced its determination that the U.S.-EU Safe Harbor program is no longer a “safe” (i.e., legally valid) means for transferring personal data of EU...more

Europe's Highest Court Invalidates EU - U.S. Safe Harbor Data Sharing Agreement

On October 6, 2015, the European Court of Justice — Europe’s highest court — invalidated the Safe Harbor agreement and framework that has permitted more than 4,000 companies to transfer personal data from the EU to the U.S....more

What Does the European Court of Justice's Invalidation of the U.S.-EU Safe Harbor Framework Mean For U.S.-Based Multinational...

In a landmark decision that will dramatically affect thousands of U.S. companies that transfer personal data from the European Union ("EU") to the United States, the European Union Court of Justice ("ECJ") yesterday...more

ECJ Rules EU-US Safe Harbor Programme Is Invalid

The powers of EU data protection authorities are significantly strengthened by the decision, allowing them to suspend some or all personal data flows into the United States in certain circumstances. In Maximillian...more

EU Top Court Invalidates Safe Harbor; Data Transfer Concerns Arise for EU/US Employers; Learn More About this at Today’s Privacy...

The Court of Justice of the European Union (ECJ) has now declared Safe Harbor invalid – in total. The ECJ has sent the case back to the Irish Data Protection Authority to determine whether Facebook Ireland’s transfer of...more

EU Top Court’s Safe Harbor Decision Invalidates Safe Harbor and Sends Facebook Case Back to Irish Data Protection Authority

The initial reports of the ECJ’s decision in the Schrems Safe Harbor case (C-362/14) indicate that the Court of Justice of the EU has declared Safe Harbor invalid and sent the case back to the Irish Data Protection Authority...more

European Court of Justice May Invalidate Safe Harbor Framework

In a landmark decision that threatens to undo the process by which American companies handle personal data flowing from the European Union, the Advocate General (AG) of the European Court of Justice (ECJ) issued an advisory...more

Schrems v. Irish Data Protection Commissioner: some further thoughts

As the dust begins to settle after the headline-grabbing Advocate General opinion in the Schrems v. Irish Data Protection Commissioner it may be worth considering some of the other potential implications arising from that...more

Advocate General of the EU Court of Justice: EU-U.S. Safe Harbor Act Is Not Safe for EU Citizens

The decision could affect the thousands of U.S. companies in diverse industries that rely on the EU-U.S. Safe Harbor Agreement to legally transfer personal data of EU citizens from the EU to the United States....more

EUROPE: EU-US data flows at risk? European Court of Justice today heard Facebook case.

Yesterday, the Schrems v. Irish Data Protection Commission case was brought before the Court of Justice of the European Union (‘CJEU’) for an oral hearing, following referral by the Irish High Court. While the final ruling by...more

Obama’s European Privacy Headache

Since the revelations of Edward Snowden, there has been a wave of data privacy repercussions in Europe. Snowden, the former CIA employee and US National Security Agency (NSA) contractor, disclosed top secret NSA documents...more

Report deems NSA telephone records program illegal

The Privacy and Civil Liberties Oversight Board issued a report today concluding that the National Security Agency’s bulk collection of telephone call records is illegal and should be ended. ...more

International Privacy - 2013 Year in Review - Central and South America

1. Costa Rica - On March 5, 2013, Costa Rica’s data protection law, originally passed in 2011, came into force. The law, the Ley Protección de la Persona frente al tratamiento de sus datos personales, Law...more

Privacy & Cybersecurity Update - December 2013

In This Issue: - European Commission Proposes Changes to the US-EU Safe Harbor: In our November Privacy & Cybersecurity Update,1 we reported that the European Commission was undertaking a review of the U.S.-EU...more

Advertising Law -- Jun 20, 2013

Supreme Court to Consider Lanham Act Standing - What factors should determine standing to sue for false advertising under the Lanham Act? The U.S. Supreme Court has agreed to answer that question in a case from...more

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