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The European Commission on the Privacy Shield: All Bark and No Bite?

By: Kimberly A. Houser[*] and W. Gregory Voss[**]

Introduction

Much has been written about the difference in the privacy laws of the European Union and the United States and ideologies behind the two regimes.[1]  One risk of the increasing divergence in views on privacy is the potential halting of data transfers from the European Union to the United States by the European Commission (EC).  As data is a significant driver of the world economy,[2] special care must be taken both to ensure that data is able to cross borders easily, and individuals’ rights to data protection are respected.

The General Data Protection Regulation (GDPR)[3] prohibits the transfer of personal data outside of the European Economic Area (EEA) to countries without “adequate” privacy protections.  As the United States is considered to have insufficient protections, the EC requires that an approved mechanism, such as the Privacy Shield—its agreement with the United States that permits U.S. companies to self-certify that they will meet certain minimum privacy protections[4]—be used for such transfers.  Alternative mechanisms include standard contractual clauses (SCCs).[5]  Suspension of any one approved mechanism may call into question the legitimacy of the others.

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Blockchain-Based Evidence Preservation: Opportunities and Concerns

By Zihui (Katt) Gu[+]

I.     Introduction

On September 3, 2018, the “Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Cases by Internet Courts” (hereinafter Provisions) was adopted at the 1747th session of the Judicial Committee of the Supreme People’s Court, which, for the first time, provides a comprehensive guidance on the trial process of the Internet Court from perspectives such as the scope of jurisdiction, mode of trial, acceptance of evidence, and rules of procedure.[1]  Undoubtedly, the promulgation of this regulation will play an important role in regulating the litigation activities of Internet Courts, protecting the legitimate rights and interests of parties and other litigants, and ensuring fair and efficient trials of cases.  As the most talked-about topic in 2017, blockchain technology has also been recognized in the Provisions as an eligible means to preserve evidence.  Subsection 6, Article 11 of the Provisions, stipulate that, “if the authenticity of electronic data submitted by the parties can be proved through electronic signature, trusted time stamp, hash value check, blockchain, and other tamper-proof, technical evidence collection and preservation method or through electronic evidence collection and preservation platform, the Internet court should confirm its authenticity.”[2]

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Privacy Breaches and Big Data: Solutions and Suggestions in India’s Context

By: Navreet Kaur[+]

This article discusses the unprecedented rate at which data is growing and the various possibilities of privacy infringements.  It views the problem in the context of a developing nation, India, because India has formed a committee last year to devise and regulate regulations for data protection.  The article also discusses the approaches adopted by various other countries so that India can meet global standard when formulating policies for data protection.  The features of the Data Protection Bill that the committee has recently submitted to the Ministry of Electronics and Information Technology, Government of India are also discussed.

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