David Bender, GTC Special Counsel, Data Privacy, appeared on this year’s UC Berkeley Privacy Forum on October 9. David also led the Breakout session on “EU-US Cross-Border Transfers – Latest Guidance from EU Regulators.” David presented to a panel directed to the export of personal data from the EU in the wake of the recent Shrems II decision. In that decision, the Court of Justice of the EU (the CJEU) invalidated the Privacy Shield vehicle for exporting personal data to the US, based on the court’s perception of US national security surveillance. The US and the EU are now attempting to negotiate a Privacy Shield successor. David suggested that adherents of any such successor program might seek to get its validity tested in the European Court of Human Rights, rather than the CJEU, as the latter court has traditionally been hostile to national security measures.
