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Data Protection Commissioner v. Schrems and Facebook
Schrems I
Summary
Interference with fundamental right: Decision 2000/520 enables interference with the fundamental right to respect for private life of persons whose personal data is or could be transferred from the EU to the US. (¶87)
How it connects
References
- Data Protection Commissioner v. Schrems and Facebook
- Digital Rights Ireland Ltd v Minister for Communications
- Judgment of the Court (Grand Chamber) of 20 September 2022.#Bundesrepublik Deutschland v SpaceNet AG and Telekom Deutschland GmbH.#Requests for a preliminary ruling from the Bundesverwaltungsgericht.#Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Confidentiality of communications – Providers of electronic communications services – General and indiscriminate retention of traffic and location data – Directive 2002/58/EC – Article 15(1) –
Related across sources
Guidance Guidelines 02/2024 on Article 48 GDPR Guidance Guidelines 02/2022 on the application of Article 60 GDPR Literature If it ain’t broke, don’t fix it? Ten improvements for the upcoming tenth anniversary of the General Data Protection Regulation Literature Tracing the Impact of GDPR on Global Data Privacy Guidance EDPB Annual Report 2023 Guidance EDPB Annual Report 2022
Full text
summary
Interference with fundamental right: Decision 2000/520 enables interference with the fundamental right to respect for private life of persons whose personal data is or could be transferred from the EU to the US. (¶87)
¶87 excerpt
In the light of the general nature of the derogation set out in the fourth paragraph of Annex I to Decision 2000/520, that decision thus enables interference, founded on national security and public interest requirements or on domestic legislation of the United States, with the fundamental rights of the persons whose personal data is or could be transferred from the European Union to the United States. To establish the existence of an interference with the fundamental right to respect for private life, it does not matter whether the information in question relating to private life is sensitive or whether the persons concerned have suffered any adverse consequences on account of that interference (judgment in Digital Rights Ireland and Others, C‑293/12 and C‑594/12, EU:C:2014:238, paragraph 33 and the case-law cited).
Original document at the source eur-lex.europa.eu