Commercial Data Transfers and Liaison Officers: What Data Protection Rules Apply in the Fight Against Impunity When Third Countries are Involved?

Amsterdam Law School Research Paper No. 2019-42

Amsterdam Centre for European Law and Governance Research Paper No. 2019-04

20 Pages Posted: 27 Nov 2019

See all articles by Christina Eckes

Christina Eckes

Amsterdam Centre for European Law and Governance

Dominique Barnhoorn

Amsterdam Centre for European Law and Governance

Date Written: November 26, 2019

Abstract

This contribution addresses the question of whether and under what circumstances data protection should prevail over the fight against impunity. It focuses on data cooperation between the European Union and the United States of America (US) in the context of crime prevention and law enforcement. It examines the limited control mechanisms that are in place to ensure data protection after data has been transferred or otherwise shared in the highly relevant and controversial context of commercial transfers of personal data and in the academically rather neglected context of liaison officers seconded from the US to EU agencies within the Area of Freedom Security and Justice (AFSJ). The objective is to identify (1) limits imposed by data protection requirements on data sharing as a means of fighting impunity, (2) responsibilities of EU actors for data that is collected and processed within the EU’s jurisdiction, be it public or private actors, and (3) limits of the EU’s control over data flows in the 21st century.

Keywords: General Data Protection Regulation (GDPR), transfers of data, EU-US relations, Privacy Shield, Schrems III, Liaison officers, jurisdictional gaps, data protection

JEL Classification: K4, K33, K42

Suggested Citation

Eckes, Christina and Barnhoorn, Dominique, Commercial Data Transfers and Liaison Officers: What Data Protection Rules Apply in the Fight Against Impunity When Third Countries are Involved? (November 26, 2019). Amsterdam Law School Research Paper No. 2019-42, Amsterdam Centre for European Law and Governance Research Paper No. 2019-04, Available at SSRN: https://ssrn.com/abstract=3493611 or http://dx.doi.org/10.2139/ssrn.3493611

Christina Eckes (Contact Author)

Amsterdam Centre for European Law and Governance ( email )

Oudemanhuispoort 4-6
1012 CN Amsterdam
Netherlands

Dominique Barnhoorn

Amsterdam Centre for European Law and Governance ( email )

P.O.Box 1030
Amsterdam, 1000 BA
Netherlands
+31 (0)20-5252046 (Phone)

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