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ARTICLE · 15 OCTOBER 2015

Is anywhere safe? Facebook privacy challenge highlights risks of transferring personal data overseas

Corrs Chambers Westgarth
Corrs Chambers Westgarth
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Corrs Chambers Westgarth

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Organisations worldwide should be aware of the risks of transferring personal information to any overseas jurisdiction.

AustraliaPrivacy

Europe's US-EU Safe Harbor Framework appears straightforward: EU companies can send personal data to United States companies who self-certify compliance with certain privacy standards.

However, the Advocate General (AG) of the Court of Justice of the European Union suggests that it should not be that simple. In light of a challenge to Facebook's transfer of European personal data to the United States, the AG recommends the Court invalidate the Framework.

Its reasoning is that the "mass indiscriminate surveillance" of data in the US interferes with fundamental personal rights recognised in Europe.

Hours after this article was first published, the Court handed down its judgment agreeing with the Opinion and invalidating the Framework.

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