The Invalidation of the EU-US Privacy Shield and the Future of Transatlantic Data Flows: Testimony of Professor Neil Richards before the United States Senate

29 Pages Posted: 11 Oct 2021

See all articles by Neil M. Richards

Neil M. Richards

Washington University School of Law; Yale Information Society Project; Stanford Center for Internet and Society

Date Written: December 1, 2020

Abstract

This is the prepared testimony and statement for the records, including responses to questions for the record of Professor Neil Richards before the United States Senate Commerce Committee on December 9, 2020. The testimony explains that while Congress has failed to pass a comprehensive privacy bill despite many opportunities, the judgment of the European Court of Justice in Data Protection Commissioner v. Facebook, (commonly known as “Schrems 2”) represents a real opportunity for it to do just that in the near future. The testimony argues first that Congress should not just pass a comprehensive privacy bill, but one that gets it right, that provides clear but substantive rules for companies, and which provides adequate protections and effective remedies for consumers. A law that meets these features will not just protect consumers – it will be good for business as well, by helping enable transatlantic data flows and building the consumer trust that is essential for long-term sustainable economic prosperity for all. Second, it explains what the judgment in Schrems 2 requires, with particular emphasis on factors within the jurisdiction of the Senate Commerce Committee. Third, it offers some ways in which the Committee’s work can solve some of the challenges for data flows and privacy law that the Schrems 2 judgment raises or illustrates. Fourth, it argues that this Committee should pass a strong privacy law (including a duty of loyalty) that builds the consumer trust that is so essential to sustainable and profitable commerce.

Keywords: Privacy, data protection, schrems, duty of loyalty. information fiduciaries

Suggested Citation

Richards, Neil M., The Invalidation of the EU-US Privacy Shield and the Future of Transatlantic Data Flows: Testimony of Professor Neil Richards before the United States Senate (December 1, 2020). Available at SSRN: https://ssrn.com/abstract=3939224 or http://dx.doi.org/10.2139/ssrn.3939224

Neil M. Richards (Contact Author)

Washington University School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States
314.935.4794 (Phone)

HOME PAGE: http://law.wustl.edu/faculty-staff-directory/profile/neil-richards/

Yale Information Society Project ( email )

New Haven, CT 06520
United States

Stanford Center for Internet and Society ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

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