Tag archives: advocate general

CJEU Advocate General Opinion: Dynamic IP Addresses are Personal Data; Member States cannot limit processing permitted by the Data Protection Directive

Data Protection Report - Norton Rose Fulbright

On May 12, 2016, the Court of Justice of the European Union’s (CJEU) Advocate General, Campos Sánchez-Bordona, published his opinion on a question referred to the CJEU for a preliminary ruling. The opinion argues that dynamic IP addresses should be considered to be personal data under European law. Moreover, the opinion asserts that Member States’ laws that limit the ability to store such personal data beyond the restrictions permitted in Directive 95/46EC (the Data Protection Directive) are non-compliant with European law. Although the CJEU’s final decision does not have to follow this opinion, the advocate general’s arguments are followed more … Continue Reading

Schrems Counterpoint: ECJ has good reasons to reject Safe Harbor invalidation

Data Protection Report - Norton Rose Fulbright

The European Court of Justice (ECJ) is expected to rule on Case C-362/14 (the “Schrems” case) on October 6, 2015.  In deciding whether to reject or adopt its Advocate General’s recommendation to invalidate the US-EU Safe Harbor, the ECJ finds itself between the proverbial rock and a hard place. Rejecting the Safe Harbor would lead to uncertainty in the ongoing negotiations to update the Safe Harbor framework, and raise questions about the interpretation of the proposed General Data Protection Regulation, which is currently being finalized in trialogue negotiations among the EU’s Council, Parliament and Commission.  If the … Continue Reading

European Court of Justice Advocate General’s Advisory Opinion in Schrems case questions validity of personal data transfers under EU/US Safe Harbor framework

Data Protection Report - Norton Rose Fulbright

On September 22, 2015,  the European Court of Justice (“ECJ”) Advocate General issued an advisory Opinion in Case C-362/14 (the “Schrems” case). A key recommendation was for the ECJ to declare the EU/US Safe Harbor Agreement invalid. It remains to be seen whether the ECJ will follow this recommendation. The controversial nature of the Safe Harbor recommendation makes predicting whether the ECJ will follow the Opinion virtually impossible. A possible mitigation of the massive impact on trans-Atlantic trade such a finding would have may be that any invalidity that the ECJ identifies in its ultimate decision is met … Continue Reading

LexBlog