A protecção de dados pessoais na era global

• Autor(a) principal: Silva, Heraclides Sequeira dos Santos
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/20567
• topic: protecção de dados pessoais; Schrems; decisão "Porto Seguro"; "Escudo de Protecção da Privacidade UE-EUA"; União Europeia; transferência de dados pessoais para países terceiros; Estados Unidos da América; personal data protection; "Safe Harbor" decision; "EU-U.S Privacy Shield"; European Union; transfer of personal data to third countries; United States of America; Direito

Entitled "The Protection of Personal Data in the Global Era: The Schrems Case ", this thesis is an analysis of the difficulties that entails the creation of a framework for transatlantic data transfers that conforms with the European requirements for personal data protection and the respect for privacy and family life. Adopted by the Court of Justice on 6th October 2015, the Schrems Case marked a turning point in trade relations between the European Union and the United States by declaring invalid the “Safe Harbor" Decision, which until then allowed the free movement of personal data from the European Union to the United States. Due to its importance, the Court of Justice’s judgement will be the starting point of this thesis. At a time when data transfers acquired a leading role in the international economy, European and North-American officials devised a new legal framework to replace the previous mechanism and gave it the name “EU-U.S. Privacy Shield". However, there were several criticisms to this agreement. Most stated that it maintained the same elements that led to the invalidation of the “Safe Harbor" Decision. The possibility of this agreement being declared invalid by the Court of Justice is real. Based on the research which is going to be done in this thesis about the reasons that made invalid the “Safe Harbor” Decision, as well as the reasons which justify the fears that the “EU-U.S Privacy Shield” has the same end, we are going to be able to answer the following question: should we qualify the “EU-U.S. Privacy Shield” as a viable legal framework for transatlantic data flows?