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International transfers of personal data outside the European union
Pechová, Tereza ; Svobodová, Magdaléna (advisor) ; Exner, Jan (referee)
Cross-border data flows from the EU: Data protection and the right to privacy Abstract This thesis discusses the legal concepts of privacy and personal data protection, the EU legal framework, specifically the relevant primary law and secondary EU law such as the Data Protection Directive and the General Data Protection Regulation. The thesis further examines the concept of international transfers of personal data outside the European Union and the legal basis for such transfers, as regulated by the GDPR, its different methods and their comparison in relation to their scope and specific use. The author considered the definition of the adequacy decision, the process of granting such a decision and its criteria to be essential. Subsequently, the thesis dealt with the presentation of appropriate safeguards as alternative methods of international transfers of personal data under EU law. The focus of the thesis is to introduce the third country regime using the example of the United Kingdom of Great Britain and Northern Ireland as a former EU Member State. In this respect, the thesis examines the development of UK data protection law in terms of international data transfers after Brexit. The thesis has looked into the negotiations between the UK and the EU on their trade and cooperation agreement. Particular...
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Cross-border data flows from the EU: Data protection and the right to privacy
Pilgrim, Jan ; Svobodová, Magdaléna (advisor) ; Navrátil, Petr (referee)
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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