Today, the Court of Justice of the European Union gave its opinion on the proposed agreement between the EU and Canada on the transfer and processing of passenger name record data in Opinion 1–15. The opinion of the CJEU was that the agreement could not proceed without significant amendment. The CJEU was concerned that the proposed agreement conflicted with EU fundamental rights — the fundamental right to data protection, in particular. In this exclusive for The Privacy Advisor, Denis Kelleher, CIPP/E, details the court’s opinion and predicts what this might mean for other data transfer agreements, such as Privacy Shield. “Opinion 1–15 is a good demonstration of how central the CJEU now is to our understanding of data protection law,” Kelleher writes, adding the opinion, while consistent with previous decisions, isn’t insignificant.
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