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THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016$
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Giuliana Ziccardi Capaldo

Print publication date: 2017

Print ISBN-13: 9780190848194

Published to Oxford Scholarship Online: October 2017

DOI: 10.1093/oso/9780190848194.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 04 December 2020

Bridge Is Down, Data Truck Can’t Get Through …

Bridge Is Down, Data Truck Can’t Get Through …

A Critical View of the Schrems Judgment in the Context of European Constitutionalism

Chapter:
(p.245) III.1 Bridge Is Down, Data Truck Can’t Get Through …
Source:
THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016
Author(s):

Oreste Pollicino

Marco Bassini

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190848194.003.0013

The decision of the Court of Justice in Schrems follows the Digital Rights Ireland and Google Spain stances in the Court process of revisiting the data protection framework in Europe in light of the Charter of Fundamental Rights of the European Union. Through the invalidation of Decision 2000/520/EC of the Commission on the adequacy of the US safe harbor principles, the Court of Justice has relied on a very extensive interpretation of the right to private life and data protection. As in the former decisions that have let emerge the existence of a new digital right to privacy, this judgment mirrors some degree of manipulation by the Court of Justice, justified by the goal of protecting as much as possible personal data in the new technological environment.

Keywords:   Charter of Fundamental Rights, Court of Justice, data privacy, data protection, personal data, right to privacy, safe harbor

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