Yes, Jim, and for the world to work and data to keep flowing, there must therefore (as a matter of logic, not politics) be a new regime of contracts, i.e. not the Model Clauses, but contracts with the person at the center.

From: James Hazard [mailto:james.g.hazard@gmail.com]
Sent: Tuesday, October 06, 2015 9:53 AM
To: Neiditz, Jon
Cc: WG UMA; ProjectVRM list
Subject: Re: [WG-UMA] The Death of Safe Harbor is the Ultimate VRM and UMA Legal Opportunity

Do you mean that consent of the person permits transfer of data, but consent is necessarily revocable and data must be destroyed?

On Oct 6, 2015 3:40 PM, "Neiditz, Jon" <JNeiditz@kilpatricktownsend.com> wrote:

Why?

The Advocate General's opinion and the Court's decision both turn on the inability of Safe Harbor to prevent surveillance. NO permitted basis for data transfer prevents surveillance, not Model Clauses, not Binding Corporate Rules (BCRs). Logically, if probably not in immediate corporate and EU national practice, the only bulletproof basis for data transfer to the US is now the ever-so-revocable CONSENT, which presumes no fictitious protection from surveillance.

See also: https://www.linkedin.com/pulse/good-morning-safe-harbor-dead-what-does-mean-now-later-jon-neiditz?trk=prof-post

Your thoughts?

Jon Neiditz
Kilpatrick Townsend & Stockton LLP
Suite 2800 | 1100 Peachtree Street NE | Atlanta, GA 30309-4528
office 404 815 6004 | cell 678-427-7809 | fax 770 234 6341
jneiditz@kilpatricktownsend.com | www.kilpatricktownsend.com

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