This week, Jerry and Jody are joined by Scott Giordano, Senior Counsel – Privacy & Compliance at Spirion, to discuss the Court of Justice of the European Union (CJEU) Schrems II decision, which invalidated the U.S. Privacy Shield Program and left companies uncertain about how to continue cross-border data flows. The Schrems II ruling acknowledged the continued validity of the standard contract clauses (SCC) but noted that "additional safeguards" may be needed to protect EU data from government surveillance (particularly U.S. government surveillance). Subsequently, the European Data Protection Board (EDPB) issued recommendations on supplemental measures that can be used to protect EU personal data in cross-border transfers. Scott discusses the history of Schrems II, the aspects of the decision that focus on U.S. intelligence surveillance, and the EDPB recommendations. We talk about the hurdles businesses face due to this decision and whether legislative provisions to provide data subjects an avenue for redress in the event of violations of privacy through surveillance might help drive national privacy legislation.
Scott Giordano is an attorney with more than 20 years of legal, technology, and risk management consulting experience. He serves as Spirion's subject matter expert on multinational data protection and its intersection with technology, export compliance, internal investigations, information governance, and risk management. During his career, Scott has held senior positions at several legal technology firms, established global privacy programs, and is listed as co-inventor on Intelligent Searching of Electronically Stored Information.
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Contact us:
Jerry Buckley | jbuckley@buckleyfirm.com
Jody Westby | westby@globalcyberrisk.com
ADCG | info@adcg.org