Swire’s Op-ed in Le Monde argues that the CJEU decision in Schrems II could create an aberration where EU data could not be transferred to the US for surveillance risk, but could still freely move to China.
The European Law Blog has also published an English-language version of this piece, available here. Please also refer to this annotated bibliography of our research, documenting the factual and legal points made in the article. Prof. Swire participated as an independent expert witness concerning U.S. law in the Schrems II case before the Irish High Court, at Facebook’s selection. Swire provided independent oral and written testimony before the High Court, but has not participated any further in the litigation since that time.