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October 11 2016

Hamburg's DPA aiming to challenge Privacy Shield

"The EU-U.S. Privacy Shield register may now be open for business, and Europe's privacy regulators may have collectively (though grudgingly) agreed to assess its progress in a year rather than kick and scream about its flaws now, but at least one regulator is still itching for a fight. Johannes Caspar, the Hamburg data protection authority, is keen to ask the Court of Justice of the European Union whether it thinks the Commission's decision to strike the data-transfer deal was valid. The ECJ, of course, was the court that declared Privacy Shield's predecessor, Safe Harbor, to have been an invalid ""adequacy decision."" Caspar is hoping that upcoming legal changes in Germany will make it possible for the country's DPAs to challenge adequacy decisions as soon as next year. It is by no means certain that the changes will make this possible, though."