For Adequacy There Must Be a Private Right of Action

BRANDON BERG, Class of 2021 (Submitted while a student at Maine Law) 

We are still feeling the ripple effects from the European Court of Justice’s Schrems II decision. Among other things, the decision ripped apart the E.U.-U.S. Privacy Shield with particular exception to the data subject’s inability to seek redress from a court or tribunal. With the goal of U.S. adequacy in mind, the question becomes, how do we move forward? With several privacy bills currently being debated in Congress, one important question must be addressed: do these bills address the judicial remedy concerns cited in Schrems II? Continue reading