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Is Data Localization A Solution For Schrems Ii?, Anupam Chander
Is Data Localization A Solution For Schrems Ii?, Anupam Chander
Georgetown Law Faculty Publications and Other Works
For the second time this decade, the Court of Justice of the European Union has struck a blow against the principal mechanisms for personal data transfer to the United States. In Data Protection Commissioner v Facebook Ireland, Maximillian Schrems, the Court declared the EU-US Privacy Shield invalid and placed significant hurdles to the process of transferring personal data from the European Union to the United States via the mechanism of Standard Contractual Clauses. Many have begun to suggest data localization as the solution to the problem of data transfer; that is, don’t transfer the data at all. I argue …
Catalyzing Privacy Law, Anupam Chander, Margot E. Kaminski, William Mcgeveran
Catalyzing Privacy Law, Anupam Chander, Margot E. Kaminski, William Mcgeveran
Georgetown Law Faculty Publications and Other Works
The United States famously lacks a comprehensive federal data privacy law. In the past year, however, over half the states have proposed broad privacy bills or have established task forces to propose possible privacy legislation. Meanwhile, congressional committees are holding hearings on multiple privacy bills. What is catalyzing this legislative momentum? Some believe that Europe’s General Data Protection Regulation (GDPR), which came into force in 2018, is the driving factor. But with the California Consumer Privacy Act (CCPA) which took effect in January 2020, California has emerged as an alternate contender in the race to set the new standard for …