Why Has the Safe Harbor Mechanism Turned Out to be Unreliable for Personal Data Transfers to the USA Cover Image
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Защо механизмът „Сейф Харбър“ се оказа ненадежден механизъм за трансфери на лични данни в САЩ
Why Has the Safe Harbor Mechanism Turned Out to be Unreliable for Personal Data Transfers to the USA

Author(s): Andrey Alexandrov
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: personal data protection; third countries; transfers; adequacy of the protection level; safe harbor; EU model clauses

Summary/Abstract: Schrems v. Data Protection Commissioner, Ireland) that declared the Safe Harbor Agreement invalid. It is also a follow-up to two analyses published in the “Contemporary Law“ Journal in 2012 (“Transfer of Personal Data to Third Countries Providing an Adequate Level of Protection“ and “New Rules Regulating the Transfers of Personal Data to Third Countries Providing an Adequate Level of Protection“). This survey focuses on the questions of preconditions under which the transfers of personal data to the USA are legally possible at present, and whether it would be reasonable to expect a new version of the Safe Harbor Agreement in the near future. The recent years’ practice of the Bulgarian Personal Data Protection Commission related to the Safe Harbor Agreement has also been examined.

  • Issue Year: 2016
  • Issue No: 1
  • Page Range: 53-62
  • Page Count: 10
  • Language: Bulgarian