Asmens duomenų perdavimo elektroninėje erdvėje tarp Europos Sąjungos ir Jungtinių Amerikos Valstijų teisinės problemos

Abstract

This study is intended to analyze the problems of personal data transfer in cyber space, in the interaction of the European Union and the American legal systems - the conditions of possible legal grounds for the transfer of personal data from the European Union to the United States of America, taking into account the protection of national security interests and the practice formed by the Court of Justice of the European Union in this aspect. In carrying out this research, in the interpretations of the Court of Justice of the European Union in the Schrems II case, the author identified a key problematic aspect of the right to privacy and protection of personal data related to the implementation of the third country’s national security interest. According to the interpretations of the Court of Justice of the European Union, third country’s interest in having access to personal data obtained from the entities of the European Union, in defense of its national security, is evaluated according to much stricter criteria than those of the European Union member states themselves and, in the author’s opinion, is essentially negated. Therefore, the study analyzes the concept of national security and, taking into account, first of all, the rulings of the Court of Justice of the European Union in cases Schrems and Schrems II and the principle of proportionality, as the main legal test for assessing the legality of restrictions on a person’s right to privacy and protection of personal data, tries to determine, whether the transfer of personal data between the European Union and the United States can be considered legal or not. Finally, the study entails proposals for possible changes to legal regulation in the United States of America to ensure the legality of personal data transfer between the European Union and the United States of America.