Peter Swire

On December 9, 2020, the U.S. Senate Committee on Commerce, Science, and Transportation convened a hearing entitled “The Invalidation of the EU-US Privacy Shield and the Future of Transatlantic Data Flows”. The hearing: Explored policy issues that led to the Court of Justice of the European Union’s invalidation of the Privacy Shield in the Schrems II ruling; Examined the impact of the Schrems II ruling on U.S. businesses engaging in transatlantic digital commerce; and Examined steps that the U.S. Government is taking to [...]

On December 9, 2020, the U.S. Senate Committee on Commerce, Science, and Transportation convened a hearing entitled “The Invalidation of the EU-US Privacy Shield and the Future of Transatlantic Data Flows”. The hearing: Explored policy issues that led to the Court of Justice of the European Union’s invalidation of the EU-US Privacy Shield in the Schrems II ruling; Examined the impact of the Schrems II ruling on U.S. businesses engaging in transatlantic digital commerce; and Examined steps that the U.S. Government is taking [...]

This post describes a newly available resource for studying the effects of data localization within the European Union, a prospect that has become newly relevant in the wake of this year’s decision in Schrems II by the Court of Justice for the European Union (CJEU).  In 1998, I co-authored a book entitled, “None of Your Business: World Data Flows, Electronic Commerce, and the European Privacy Directive.”[1] This month the Brookings Institution, for the first time, has made the text of [...]

Following the invalidation of the U.S.-EU Privacy Shield by the Court of Justice of the European Union (CJEU), Kenneth Propp and Peter Swire’s article ‘After Schrems II: A Proposal to Meet the Individual Redress Challenge’ argues that the core fundamental rights concerns expressed by the CJEU must be addressed in order for the U.S. and the EU to negotiate a replacement agreement. In particular, the article makes a preliminary proposal to address CJEU concerns that U.S. surveillance law safeguards lack [...]