International Health Research After Schrems v. Data Protection Commissioner

Hastings Center Report, April 2016; 5-6

2 Pages Posted: 19 Mar 2016 Last revised: 9 Sep 2016

See all articles by Mark A. Rothstein

Mark A. Rothstein

University of Louisville - Institute for Bioethics, Health Policy, and Law; University of Louisville - Louis D. Brandeis School of Law

Date Written: March 17, 2016

Abstract

On October 6, 2015, in Schrems v. Data Protection Commissioner, the European Court of Justice, the European Union's highest court, held that the fifteen-year-old Safe Harbor Framework Agreement with the United States was invalid. Under the Agreement, about 4,500 American companies each year self-certified to the U.S. Department of Commerce that they were in compliance with essential privacy protections of the E.U. and therefore it was permissible for entities in the E.U. to send personal data to these American companies. According to the court, because some American companies were making their information available to U.S. government agencies, such as the National Security Agency (N.S.A.), the fundamental privacy interests of E.U. citizens were not being protected.

Keywords: International Law, Health research, European Union, Safe Harbor, Data protection, Privacy, Schrems

JEL Classification: K31, K32

Suggested Citation

Rothstein, Mark A., International Health Research After Schrems v. Data Protection Commissioner (March 17, 2016). Hastings Center Report, April 2016; 5-6. Available at SSRN: https://ssrn.com/abstract=2749348

Mark A. Rothstein (Contact Author)

University of Louisville - Institute for Bioethics, Health Policy, and Law ( email )

Louisville, KY 40202
United States

HOME PAGE: http://www.louisville.edu/bioethics

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
33
Abstract Views
229
PlumX Metrics
!

Under construction: SSRN citations while be offline until July when we will launch a brand new and improved citations service, check here for more details.

For more information