Schrems II and the Future of Transatlantic Data
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 22 July 2020
⏱️ 38 minutes
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Summary
Last week, the European Court of Justice released its much awaited decision in Data Protection Commissioner v Maximilian Schrems, commonly known as Schrems II, which addressed which privacy requirements governments and corporations within the European Union will be required to secure before participating in international data transfers. The court's decision casts serious doubt on many of the measures currently in place, most notably in relation to the United States's own national security and surveillance activities, and thus raises new questions about how the European Union would continue to interact with the global digital economy. To discuss these developments, Scott R. Anderson sat down with Peter Swire, professor of law and ethics at the Scheller College of Business at the Georgia Institute of Technology and himself a former privacy official in the Clinton and Obama administrations, and Stewart Baker, currently of counsel at Steptoe & Johnson and previously the assistant secretary for policy at the Department of Homeland Security during the George W. Bush administration.
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Transcript
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| 0:25.6 | no bull and the aftermath. |
| 0:33.8 | The court's language largely said a language from the GDPR that made the essential equivalence |
| 0:40.8 | not be sustained. |
| 0:42.7 | On the other hand, their finding they said was based on the GDPR and the charter. |
| 0:48.4 | And so European lawyers that I've talked to since the decision are inclined to think |
| 0:53.6 | this is a constitutional decision that cannot be overruled by the legislature. |
| 0:58.8 | That leaves a strictness in place that really puts into question how Europe is going to |
| 1:04.1 | interact with the rest of the world. |
| 1:05.6 | I think people are in denial to a certain extent about how strict the court is and how few |
| 1:11.7 | options there are for Europe to actually do trade with the rest of the world going forward. |
| 1:17.8 | I'm Scott R. Anderson and this is the LawFair podcast July 22, 2020. |
| 1:24.3 | Last week the European Court of Justice released its much awaited decision in data protection |
| 1:28.5 | commissioner and the Maximilian Shrems, commonly known as Shrems 2, which addressed what |
| 1:33.6 | privacy requirements governments and corporations within the European Union were required to secure |
| 1:38.8 | before participating in international data transfers. |
| 1:42.4 | The court's decision casts serious doubt on many of the measures currently in place, most |
| 1:47.0 | notably in relation to the United States' own national security surveillance activities. |
| 1:51.6 | And thus raised new questions about how the European Union would continue to interact |
... |
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