In the paper entitled The Effects of Data Localization on Cybersecurity, CBDF Research Director Peter Swire and CBDF Senior Fellow DeBrae Kennedy-Mayo provide the first systematic examination of the effects of data localization laws on cybersecurity. The authors focus on the effects of “hard” data localization, where transfer of data is prohibited to other countries. The discussion includes both de jure and de facto effects, including China’s explicit laws, recent enforcement actions in the European Union, and proposed privacy legislation [...]

For the full article posted today on the European Law Blog, click here. Can the U.S. Government create, by non-statutory means, an independent redress authority capable of providing an effective remedy for a European person who believes that her or his rights have been infringed by an intelligence service? In this article we put forward a novel non-statutory solution that could resolve the “redress” problem in the EU/US adequacy negotiations. This solution is based on three “building blocks” inspired by methods [...]

In the Schrems II case, a central concern of the Court of Justice of the European Union (CJEU) concerned the lack of redress – the ability of an individual to invoke an effective remedy concerning foreign intelligence surveillance. The CJEU specifically stated that Article 47 of the EU Charter of Fundamental Rights, which requires an “effective remedy,” operates on “the premis[e] that data subjects must have the possibility of bringing legal action before an independent and impartial court.” In the [...]

Must the U.S. Congress change statutory law to solve the major issue of “redress” in the EU-US adequacy negotiations? This is a crucial question, especially since a series of political, pragmatic and even legal/constitutional difficulties mean that the U.S. might not be able to come up with a short-term statutory solution for redress. In this article we analyse this question for the first time in detail, and argue that, provided the U.S. is able to address the deficiencies highlighted by [...]