Cross border data transfers after the CJEU’s safe harbour decision: A tale of Gordian knots
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The Court of Justice of the European Union’s recent decision to invalidate the ‘safe harbour’ agreement which has catered for the transfer of personal data from Europe to the US has gained considerable attention. This article will provide a brief discussion of the case, and its potential implications for Australia. It will also examine the decision – and the underlying conflict between privacy and law enforcement – with particular emphasis on the concepts of sovereignty and the so-called rule of law.
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