Title

Cross border data transfers after the CJEU’s safe harbour decision: A tale of Gordian knots

Date of this Version

2016

Document Type

Journal Article

Publication Details

Citation only

Svantesson, D. J. B. (2016). Cross border data transfers after the CJEU’s safe harbour decision: A tale of Gordian knots. Alternative Law Journal. 41 (1), 39-42.

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© Copyright, Dan Jerker B Svantesson, 2016

ISSN

1037-969X

Abstract

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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This document has been peer reviewed.