Fundamental Rights versus Mass Surveilance. Comment of the Judgment of the Court of Justice of the European Union (Grand Chamber) of 6th October of 2015, case C-362/14 Schrems
DOI:
https://doi.org/10.18042/cepc/rdce.53.07Keywords:
Safe harbour, data protection, privacy, Charter of the Fundamental Rights of the European Union, national supervisory authoritiesAbstract
The judgment of the Court in the case Schrems declares Decision 2000/520 on the safe harbour principles whereby the Commission determined that a third country ensured an adequate level of protection invalid. The Court annuls the Decision on two grounds: it does not respect the «essential content» of fundamental rights enshrined in the Charter (articles 7 and 47) and it denies the national supervisory authorities the power to examine the claim of a person calling into question the compatibility of the Decision with those rights. Furthermore, the Court declares that the Decision does not prevent national authorities from examining those claims.Downloads
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CASE LAW COURT OF JUSTICE OF THE EU
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