What does the Schrems Decision mean for Surveillance Law and Policy in the US and Europe

Panel at CPDP conference:

Chair Franziska Boehm, Karlsruhe Institute of Technology (DE)

Moderator Martin Scheinin, European University Insitute, (IT)

Panel Stefan Heumann, Stiftung Neue Verantwortung (DE), Max Schrems, (AT), Sarah St Vincent, Center for Democracy and Technology (US)

The CJEU decision in the Schrems case brought new urgency to negotiations about an EU-US data transfer agreement, to replace the now defunct Safe Harbor, and enable transatlantic commerce to continue in a stable legal framework.

This agreement will not address the core of the complaint and of the court’s ruling in the Schrems case, namely the expansive nature of US surveillance programmes, notably those authorized by FISA Section 702.

This panel will examine the CJEU ruling and assess its consequences for surveillance law and policy in the US and Europe. It will discuss what specific reforms of FISA Sec-tion 702 should take place, and it will examine European surveillance laws against the standards set out by the court. Finally, it will assess whether the legislative processes in various countries will move towards laws that align with the CJEU ruling.

• Generalised collection/access to data
• Democratic and judicial oversight
• Redress for citizens subject to data collection/surveillance
• Specification of purposes for which data can be collected