Amid increasing terrorist activity and concerns about future such activity in the European Union, EU lawmakers are currently addressing difficult issues regarding the level of privacy that should be afforded personal digital information. Long-standing guidelines there are under significant upheaval in favor of greater privacy, coincidentally occurring at a time when the citizens whose information is being protected may be more willing to sacrifice privacy in exchange for greater personal security.
‘Schrems’
The first major shift occurred on October 6th, when the Court of Justice of the European Union (CJEU) issued its decision in Schrems v. Data Protection Commissioner,1 which invalidated the “Safe Harbor Agreement” in existence between the EU and the United States since 2000. This agreement had allowed American companies to gain access to personal data about EU individuals without violating EU’s Data Protection Directive (the Directive).
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