"Over the course of Monday 20 February 2017 and part of Wednesday 22 February 2017, the DPC’s first witness, Professor Neil Richards provided the Court with a summary of the conclusions of his report on US privacy law. Prof Richards, of Washington University, is an expert in US privacy law and First Amendment law (in this context the First Amendment relates to the right of free speech).
The primary conclusions drawn by Prof Richards on US data protection and privacy law were similar to those drawn by the DPC in her draft decision. In agreeing with the DPC’s characterisation of US law, Prof Richards told the court that US judicial remedies are fragmented and subject to individual limitations. He similarly agreed that the issues of notice and standing to bring a case before the US courts, while not fatal, nevertheless constitute substantial obstacles to litigants challenging the breach of their privacy rights."
- Date Published:03/20/2017
- Original Publication:Lexology