‘Privacy organization files complaint against Privacy Shield with EU court’

Irish privacy organization Digital Rights Ireland has filed a complaint against the recently adopted Privacy Shield. According to the organization, the agreement offers too little protection, Reuters reports citing sources.

The news agency writes that Digital Rights Ireland has filed a complaint with the General Court, which is the second highest EU court. The organization itself would not say anything about the exact content of the case, which can be found on the site of the EU Court. The European Commission confirms to Reuters that it is aware of the case and that it concerns an action for cancellation. The Commission makes no substantive comment and says that ‘the Privacy Shield meets the requirements of the European Court of Justice’.

According to the sources, it could take a year for the General Court to rule and there is a possibility that it could declare the Irish organization inadmissible. Only if individuals or organizations are directly affected by legislation can they file a complaint, Reuters said. It’s no big surprise that the Privacy Shield is the subject of a complaint, European privacy regulators said that the agreement is flawed.

The Privacy Shield was adopted in July and is the successor to the Safe Harbor arrangement. It allows companies to store personal data of European citizens in the US after going through a self-certification process. The European Court declared the Safe Harbor scheme invalid in 2015 after a complaint by Max Schrems. The Austrian is critical of the Privacy Shield and in the past expressed the expectation that a complaint would be filed against the agreement.

Digital Rights Ireland is an organization committed to protecting civil rights. This organization managed, among other things, that the European Court of Justice declared the European directive on data retention invalid in 2014.