{"title":"跨大西洋数据流的不确定未来:美国能否达到数据保护的“适当水平”?","authors":"Asli Alkiş-Tümtürk","doi":"10.1556/2052.2022.00376","DOIUrl":null,"url":null,"abstract":"Personal data can be transferred to third countries without any additional measures by achieving the European Commission's adequacy decisions if the third country's data protection level is deemed essentially equal. Only a few countries have obtained this decision, and the United States is no longer one of them, since the European Court of Justice ruled in the Schrems II case that the Privacy Shield Decision could not provide ‘essentially equivalent’ protection for personal data to that provided by European Union legislation, and hence was invalid. This article will discuss what the term ‘essentially equivalent’ means and what it covers. Finally, it will examine and attempt to answer the question of whether the United States will ever reach the mentioned adequate level by comparing the examples of two adequate countries, the United Kingdom and Japan.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2022-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Uncertain future of transatlantic data flows: Will the United States ever achieve the ‘adequate level’ of data protection?\",\"authors\":\"Asli Alkiş-Tümtürk\",\"doi\":\"10.1556/2052.2022.00376\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Personal data can be transferred to third countries without any additional measures by achieving the European Commission's adequacy decisions if the third country's data protection level is deemed essentially equal. Only a few countries have obtained this decision, and the United States is no longer one of them, since the European Court of Justice ruled in the Schrems II case that the Privacy Shield Decision could not provide ‘essentially equivalent’ protection for personal data to that provided by European Union legislation, and hence was invalid. This article will discuss what the term ‘essentially equivalent’ means and what it covers. Finally, it will examine and attempt to answer the question of whether the United States will ever reach the mentioned adequate level by comparing the examples of two adequate countries, the United Kingdom and Japan.\",\"PeriodicalId\":37649,\"journal\":{\"name\":\"Hungarian Journal of Legal Studies\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-12-06\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Hungarian Journal of Legal Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1556/2052.2022.00376\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Hungarian Journal of Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1556/2052.2022.00376","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"Social Sciences","Score":null,"Total":0}
Uncertain future of transatlantic data flows: Will the United States ever achieve the ‘adequate level’ of data protection?
Personal data can be transferred to third countries without any additional measures by achieving the European Commission's adequacy decisions if the third country's data protection level is deemed essentially equal. Only a few countries have obtained this decision, and the United States is no longer one of them, since the European Court of Justice ruled in the Schrems II case that the Privacy Shield Decision could not provide ‘essentially equivalent’ protection for personal data to that provided by European Union legislation, and hence was invalid. This article will discuss what the term ‘essentially equivalent’ means and what it covers. Finally, it will examine and attempt to answer the question of whether the United States will ever reach the mentioned adequate level by comparing the examples of two adequate countries, the United Kingdom and Japan.
期刊介绍:
Acta Juridica presents the achievements of the legal sciences and legal scholars in Hungary and details of the Hungarian legislation and legal literature. The journal accepts articles from every field of the legal sciences. Recently, the editors have encouraged contributions from outside Hungary, with the aim of covering the legal sciences in the whole of Central and Eastern Europe. Publishes book reviews and advertisements.