Přeshraniční toky dat z EU: Ochrana údajů a právo na soukromí

Pilgrim, Jan

Cross-border data flows from the EU: Data protection and the right to privacy Abstract This thesis outlines the privacy and data protection concepts, the legal framework of the EU, namely the relevant primary law, including the Charter of the Fundamental Rights, and secondary law, such as the Data Protection Directive and General Data Protection Regulation. It furthermore examines the data protection and privacy regime of the United States with regards to private entities as well as government authorities, giving a focus on the surveillance measures of the latter and their legal basis. With regards to the private entities, the sectorial nature of the US legal regime was emphasized, and the lack of systematic legislation was illustrated. Particular focus was given to known related surveillance measures such as PRISM and Upstream and their legal basis in US law via Section 702 of the Foreign Intelligence Surveillance Act. Recourse mechanisms with regards to data protection rights were detailed and analyzed. The thesis subsequently examines the two former adequacy decisions issued by the Commission, the Safe Harbor and Privacy Shield frameworks, and points out their deficiencies which were assessed in the light of relevant case law, namely the so-called Schrems I. and Schrems II. cases, elaborating on their...

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