# Data Protection Commissioner v. Schrems and Facebook

- Type: Case Law
- Source: CJEU
- Date: 2015-10-06
- Original: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62014CJ0362
- Canonical: https://overview.legal/posts/5955
- Topics: Social Media, Privacy Shield, International Transfer, Archiving, Personal Data, Consent, Human Resources, Security

## 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)

## Full text

## Court 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)

## Excerpt

87      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).

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