Browsing by Author "Salolatva, Leena"

This research studies Adequacy Decisions, the Safe Harbour and the Privacy Shield, under which transfers of personal data from the European Union to the United States are facilitated. The focus is on ‘redress mechanisms’, thus the mechanisms under which EU citizens can seek redress or compensation against violations of data protection rules. The research assesses the redress mechanisms of the Privacy Shield in the Light of the Court of Justice of the European Union case Schrems. Firstly the Safe Harbour Decision and its redress mechanisms are introduced. Then the Schrems case where the Safe Harbour was invalidated is analysed. Focus is on what the Court says about redress mechanisms, and the criteria that it establishes for the assessment of Adequacy Decisions. This criteria is then applied to the Privacy Shield redress mechanisms. According to the criteria, an Adequacy Decision must fulfil the requirements set out in Article 47 of the Charter of Funda-mental Rights, thus right to an effective remedy and to a fair trial. The different redress mechanisms of the Privacy Shield are assessed in light of this Article by using case law of the Court of Justice of the European Union, as well as European Court of Human Rights. The study finds that all the redress mechanisms are not in line with Article 47. More specifically there are deficiencies in terms of the remedies available under different redress options, also all the procedures cannot be considered ‘fair’ as required by Article 47. More specifically, there is not always an opportunity for inter partes proceedings or a reasoned decision. Also the independence and impartiality of some of the dispute resolution bodies is questionable. Moreover, the complexity of the Privacy Shield redress mechanisms may in some situations mean that the time of the proceedings may exceed what would be considered reasonable from the perspective of European law. The redress of mechanisms of the Privacy Shield rely heavily on Alternative Dispute Resolution (ADR). The compatibility with Article 47 of the Charter and ADR is not discussed as such, although the requirement of mandatory ADR before judicial dispute resolution is considered. Instead, the study asks whether the ADR mechanisms of the Privacy Shield could be compatible with Article 47. This study is done from a European perspective, thus focusing on EU fundamental rights. Study of laws of the United States are left outside the scope of the research, although some references are made. Similarly the study of redress mechanisms is limited to those introduced in the Privacy Shield and routes to seek redress in US courts are excluded. The aim of this study is thus to assess whether the Privacy Shield would pass the criteria established by the Court of Justice of the European Union in its Schrems case. The study takes a fundamental right perspective, although it does recognize that European data protection law does have other objectives other than the protection of personal data, such as economic objectives.