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An analysis of the EU data protection policy and the significance of the Maximillian Schrems case

Vogelsang, Harpo (2019) An analysis of the EU data protection policy and the significance of the Maximillian Schrems case.

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Abstract:The transfer of personal data from EU citizens to third countries requires an adequate level of data protection. In 2013, the revelations by Edward Snowden about mass surveillance practices by US intelligence services attracted a lot of attention. Subsequently, the Austrian privacy activist Maximillian Schrems did not believe that an adequate level of protection of his personal data transferred to the US could be longer guaranteed. Thus, he demanded the suspension of the transfer of his data to the US. The following trial went through all judicial instances, before the European Court of Justice. Ultimately, the Court supported Schrems opinion, declaring the legal basis for the transfer of personal data from the EU to the US invalid. The judgement and its underlying principles directly challenged the EU data protection frame work. Since the judgement in 2015, the Data Protection Directive got replaced by the General Data Protection Regulation and the Commission has announced further policy changes. The purpose of this study is to answer the research question: To what extent do the EU data protection policies reflect the principles upheld in the judgement of the Schrems case? Therefore, a systematic overview of the European data protection framework is given. Initially, the framework before the trial is presented. Afterwards, the judgement and its underlying principles are analyzed. Finally, the current framework and upcoming changes are depicted and the significance of the Schrems case for these legal developments is evaluated.
Item Type:Essay (Bachelor)
Faculty:BMS: Behavioural, Management and Social Sciences
Subject:86 law, 88 social and public administration
Programme:Management Society and Technology BSc (56654)
Link to this item:http://purl.utwente.nl/essays/79033
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