In a continuous search for balance between privacy rights and corporate interests, international law has seen some major movements when dealing with the issue of data privacy. Two significant events recently caught the attention of the legal professionals and the corporations alike. The passing of Washington State’s My Health My Data Act (“MHMDA”) and the Schrems I and II rulings by the European Court of Justice shaped the ongoing conversation about data processing.
In the US, regulatory developments such as the MHMDA have ushered a new regulatory phase for the drug and device makers. The MHMDA significantly altered the operations of these sectors, proving its influence on the technological and legal aspects of health data handling. The MHMDA provides a clear statutory backbone for health data usage, giving patients more control over their information.
Across the Atlantic, the infamous Schrems I and II decisions by the European Court of Justice sparked a different kind of dialogue. These cases have had multinational companies asking “Why Can’t We Be Friends?” The Schrems cases highlight the struggle for common data privacy standards in dealing with transfers of personal data across the Atlantic. The legal verdicts in these cases have further complicated data transfer scenarios between the EU and the US, warranting the rethinking and redesigning of data protection protocols within multinational corporations.
The recent developments in data privacy law are therefore noteworthy for legal professionals and corporations as these shape the conduct of business, the management of data and the adherence to the principles of privacy and data subject rights. These episodes indicate the growing importance of data protection, the cross-border challenges they represent, and the potential liabilities that companies face when mismanaging such data.
Read the details about these issues in this in-depth article by Gardner Law to understand more about the challenges ahead for data privacy and corporate interests.