Court of Justice 19 December 2019, C-311/18 (Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems.)

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The Advocate General's opinion addresses the legality of transferring personal data from the EU to the United States, specifically examining the validity of Decision 2010/87/EU and the EU-U.S. Privacy Shield in light of fundamental rights under the Charter of Fundamental Rights of the European Union. The opinion suggests that while the validity of Decision 2010/87 is not affected, there are significant concerns regarding the adequacy of protection against U.S. intelligence practices that may infringe on individuals' rights. The Advocate General emphasizes the need for a balance between facilitating international data flows and upholding fundamental rights within the EU legal framework.AI