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Electronic Surveillance: USA

Question for Department for Culture, Media and Sport

UIN HL2678, tabled on 15 October 2015

To ask Her Majesty’s Government what steps they are taking to examine the key findings of fact by Judge Hogan in the European Court of Justice’s judgment in case C-362/14, Maximillian Schrems v Data Protection Commissioner.

Answered on

3 November 2015

The Government is disappointed with the European Court of Justice judgement in the Schrems case. There is an important principle here that companies must be able to transfer data to third-party countries with appropriate safeguards and we are concerned about the uncertainty this judgement creates.The Government urges the European Commission and US authorities to reach a swift conclusion on their negotiation of a revised agreement.

I recently held a roundtable with business where I listened to theirs reactions and I have agreed to continue engaging with them. I have also been discussing further guidance with the Information Commissioner’s Office (ICO). The ICO has made a statement which highlights alternative methods of data transfer to the US with more advice to follow.