SCC legality in question
Dixon has raised three key legal concerns about SCCs that also apply to Privacy Shield, however. These are the European Union Charter of Rights Article 7, covering the protection of family life; Article 8, covering data privacy; and Article 47, on the right to a trial before a court of law for matters arising under the charter.
While some commentators believe Privacy Shield will fail the legal tests proposed by Dixon over SCCs, the issue is overshadowed by Prism for so long as it continues to be run by the US.
Prism is a US surveillance program that seeks to acquire client data of at least nine of the largest US internet giants, which are named in the Irish High Court ruling.
The evidence states that they are required by the US National Security Agency (NSA) to provide the “email, chat, video and voice, videos, photos, stored data, VoIP, file transfers, video conferencing, notification of target activity, logins, online social networking details, special requests” of their foreign users.
Carried out in full, this order would affect around 67% of European internet users – as many as 300 million people.