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ARTICLE · 05 OCTOBER 2015

Advocate General Of ECJ Rules EU Data Protection Authorities Can Investigate Complaints About Safe Harbor Programme

Data transfers can be suspended until investigation is complete.

United StatesPrivacy

Data transfers can be suspended until investigation is complete.

In Maximillian Schrems v. Data Protection Commissioner (case C-362/14), the Advocate General ruled that EU data protection authorities do have powers to investigate complaints about the transfer of personal data to the United States by Safe Harbor-certified organisations and can, where justified, suspend data transfers until their investigations are complete.

Safe Harbor Programme

According to the European Commission, the United States is a country of "inadequate" data protection. The European Commission and the US Department of Commerce, therefore, agreed in the year 2000 to a self-certification programme for US organisations to receive personal data sent from Europe. The self-certification programme provided that US organisations must certify that they adhered to standards of data processing that are comparable with EU data protection laws such that EU citizens' personal data was treated as

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