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Privacy Shield court challenge expected to have broad impact

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Privacy Shield court challenge expected to have broad impact

According to the Irish Times, the case against Privacy Shield, launched last week by the Irish privacy advocacy group Digital Rights Ireland, risks “transatlantic trade chaos”.

Previously the Irish Times reported that the group’s challenge raises points such as questioning the adequacy of the Privacy Shield agreement, and arguing that it didn’t sufficiently address the court’s objections to Safe Harbour, the predecessor of Privacy Shield. 

What is unusual about the case is that Digital Rights Ireland has appealed directly to the Court of Justice’s General Court, rather than making the appeal to the national court. This is made possible by the fact that the Lisbon treaty allows third parties to bring a case directly to the EU court if a legislative act affects them. Digital Rights Ireland can argue that it is an affected party, as its data falls under the provision of Privacy Shield.

Moreover, the new EU General Data Protection Regulation gives individuals the right to mandate a not-for-profit, organisation or association body to make a complaint related to data and privacy protection, meaning that theoretically, a non-government organisation such as Digital Rights Ireland should be able to bring a case.

The Irish Times notes that the case is likely to be appealed upward to the European Court of Justice, either to determine Digital Rights Ireland’s standing to take the case, or for the Court’s view on the adequacy of Privacy Shield, depending on the ruling.

Lexology estimates that the lawsuit will take over a year to be resolved.


Teemu Henriksson's picture

Teemu Henriksson


2016-11-03 13:44

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