Judicial Redress Act of 2015
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Safe Harbor Update: House Votes to Pass Judicial Redress Act

The Judicial Redress Act of 2015 (H.R. 1428) (Judicial Redress Act) is on its way to the U.S. Senate. On October 20th, the U.S. House of Representatives voted in favor of passage. The Judicial Redress Act extends certain privacy rights under the Privacy Act of 1974 (Privacy Act) to citizens of the EU and other specified countries. The preamble to the Judicial Redress Act states that: “The Judicial Redress Act provides citizens of covered foreign countries with the ability to bring suit in Federal district court for certain Privacy Act violations by the Federal Government related to the sharing of law enforcement information between the United States and a covered foreign government. Any such lawsuit is subject to the same terms and conditions that apply to U.S. citizens and lawful permanent residents who seek redress against the Federal Government under the Privacy Act. Under current law, only U.S. citizens and lawful permanent residents may bring claims...

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Court of Justice of the European Union Says Safe Harbor Is No Longer Safe

Earlier today, the Court of Justice of the European Union (CJEU) announced its determination that the U.S.-EU Safe Harbor program is no longer a “safe” (i.e., legally valid) means for transferring personal data of EU residents from the European Union to the United States. The CJEU determined that the European Commission’s 2000 decision (Safe Harbor Decision) validating the Safe Harbor program did not and “cannot eliminate or even reduce the powers” available to the data protection authority (DPA) of each EU member country. Specifically, the CJEU opinion states that a DPA can determine for itself whether the Safe Harbor program provides an “adequate” level of personal data protection (i.e., “a level of protection of fundamental rights and freedoms that is essentially equivalent to that guaranteed within the European Union” as required by the EU Data Protection Directive (95/46/EC)). The CJEU based its decision invalidating that Safe Harbor opinion in part on...

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