On Friday 16 October, the Article 29 Working Party (the advisory
body composed of representatives from each Member State's data
protection authority, the European Data Protection Supervisor and
the European Commission) (the "Working Party") issued
a statement clarifying certain implications
of the ruling. The Working Party noted that it is absolutely
essential for the national data protection authorities to have a
common position on the implementation of the Schrems judgment.
The Working Party reiterated the CJEU's ruling that massive
and indiscriminate surveillance is incompatible with the EU legal
framework and third countries including the US which go beyond what
is necessary in a democratic society will not be considered safe
destinations for personal data. The Working Party also reiterated
the CJEU's statement that transfers still taking place under
Safe Harbour are unlawful.
