The Cordell Institute is excited to continue its participation in this annual international conference. Our sponsored panel occurred January 28.
About this session
Hear from the experts whose evidence in Schrems II was the basis for the CJEU’s blockbuster decision last July. Learn more about the trial in Dublin and what they found surprising, or not, about the Schrems II decision from the Luxembourg court. Given the evidence the CJEU conclusions were based on, how should practitioners navigate Schrems II until and unless the U.S. and EU regulators fall in line? What safeguards, rights and remedies does Schrems II really demand? Is there a path forward for a Safe Harbor 3 or even U.S. adequacy? The panelists will offer thoughtful and diverse perspectives from the private sector, academia, and civil society.
• What was the evidence that the CJEU relied on that brought us here, and how was it produced?
• What aspects of the Schrems II decision were surprising to you as a participant, or not?
• How should we navigate the fallout of Schrems II unless or until other laws are changed to comply with the decision?
• What are the ideal and most realistic paths forward for the trans-Atlantic data trade – localization, Safe Harbor 3, adequacy, or something else?
Judith Rauhofer is a Senior Lecturer in IT Law at the University of Edinburgh and an Associate Director of the SCRIPT research centre. She holds professional legal qualifications in Germany (Rechtsanwalt) and England (Solicitor). Her research interests include online privacy, data protection, information security and electronic surveillance.
Alan Butler is Interim Executive Director and General Counsel at the Electronic Privacy Information Center (EPIC) in Washington, D.C. Mr. Butler has filed many briefs on behalf of EPIC in emerging privacy and civil liberties cases and has argued on behalf of EPIC U.S. Courts on national security, open government, and data protection issues. He is a graduate of UCLA School of Law and Washington University in St. Louis, where he earned a B.A. in Economics. He is a member of the DC Bar and the State Bar of California. He is also Co-Chair of the Privacy and Information Protection Committee of the ABA Section on Civil Rights and Social Justice.
Ashley Gorski is a senior staff attorney at the ACLU’s National Security Project, where she works on issues related to government surveillance and national security prosecutions. Ashley has provided expert testimony on U.S. surveillance law in several international fora, including in the Schrems II litigation. She is a graduate of Yale College and Harvard Law School. Prior to joining the ACLU, Ashley worked at a New York law firm and served as a law clerk to the Hon. Jon O. Newman, United States Circuit Judge for the Second Circuit Court of Appeals, and to the Hon. Miriam Goldman Cedarbaum, United States District Judge for the Southern District of New York.
Neil Richards is the Koch Distinguished Professor of Law at Washington University in St. Louis, where he directs the Cordell Institute for Policy in Medicine and Law. His first book, Intellectual Privacy, was published by Oxford Press in 2015, and his second book, Why Privacy Matters, will be published in 2020.
Andrew Serwin is one of the pre-eminent privacy and security practitioners in the world. Clients describe him as a “rock star lawyer,” “a walking encyclopedia on anything data protection related” and “a tireless worker, holding onto the ever-shifting puzzle pieces of the law in this area in a way that other privacy lawyers cannot” (Chambers USA). For his work in data protection and privacy, Andrew is an inaugural inductee into the 2017 Legal 500 Hall of Fame, comprised of outstanding US lawyers who have been recommended as Legal 500 Leading Lawyers for the last six consecutive years. He was also recently named one of the Daily Journal’s Top 100 Lawyers in California for 2016 and a National Law Journal 2015 Cyber Security & Data Privacy Trailblazer, recognizing the 50 people “who have helped make a difference in the fight against criminal cyber activity”.