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6 Int'l Data Priv. L. 1 (2016)

handle is hein.journals/intldatpc6 and id is 1 raw text is: 


International Data Privacy Law, 2016, Vol. 6, No. 1


A   time of turmoil ...

Christopher Kuner*, Dan Jerker B. Svantesson**, Fred H. Cate***,
Orla   Lynskey***, and Christopher Millard***


The  opening text (the 'crawl') of the first movie in the
Star Wars  Prequel Trilogy-Episode  1: The  Phantom
Menace-opens   with the sentence: 'Turmoil has engulfed
the Galactic Republic.' And given the current state of
data privacy law, and the fact that Star Wars Episode 7:
The  Force Awakens has just premiered at the time  of
writing, it is natural to make the connection-turmoil
has truly engulfed the data privacy world at the moment.
   Much  has happened,  and is happening, around the
world. But  even  if we restrict ourselves to the EU
context, 2015 saw  some  very dramatic developments.
During 2015, we got to witness the aftermath of the so-
called Google Spain-'right to be forgotten'-judgment
of the Court of Justice of the EU. The future of develop-
ments, not least as to the jurisdictional scope of right to
be forgotten delistings, is clouded and difficult to predict,
with long-term implications that are yet to come. And
then, there was  the Court's  Weltimmo  judgment-a
landmark  decision with potentially huge implications
for applicable law and jurisdiction.
   And yet, both these judgments  have been oversha-
dowed  by the CJEU's Safe Harbour decision in the case
Schrems v Data  Protection Commissioner of 6 October
2015,  in which  the CJEU   held  that the European
Commission's  decision that the 'Safe Harbour' scheme
provided  adequate  protection for transatlantic data
transfers was invalid. Finally, perhaps the biggest news
of the year was  the December  announcement   that a
political agreement had  been  reached  on  the EU's
General Data Protection Regulation in the so-called tri-
logue between  the European Parliament, Council, and
Commission.
   Year 2016 will doubtlessly see further turmoil, and it
will no doubt be some  time before stability returns to
the data privacy galaxy. This continuing turmoil may
perhaps represent an opportunity for data privacy pro-
fessionals, but it brings a time of considerable adjust-
ment  for data controllers, data processors, regulators,
and individuals all over the world.

*  Editor-in-Chief.
** Managing Editor.


   In the midst of all this turmoil, International Data
Privacy Law has entered its 6th year. In the first 5 years,
we  published 110  full length articles, 8 Tomorrow's
Privacy, 12 comments, and 14 book reviews totalling in
1522 pages of content (when  we include the Editorials
that accompany  every issue). We have had authors from
North  America, South America, Africa, Asia, Australia,
and Europe, and while articles dealing with data privacy
issues feature in a variety of journals these days, we have
been one  of the few journals to provide a truly inter-
national coverage publishing detailed articles on privacy
law, eg in various African countries. Our authors include
privacy professionals, academics, and policymakers as
well as practising lawyers and judges, and our readers are
even  more  diverse. We  have published  four special
issues; the first two (Vol. 2, No. 4 and Vol. 4, No. 1)
dealing with systematic government  access to private-
sector data, the third (Vol. 4, No. 4) focussed on the EU
data protection reform, and the fourth (Vol. 5, No. 4)
addressing the topic of extraterritoriality in EU data pro-
tection law. We are pleased that they have all been well
received, and we plan to publish further special issues in
the future.
   While we can provide metrics showing their popular-
ity, it is not possible to reliably assess which of the arti-
cles we have published have had the greatest influence or
significance. And in fact, attempts at making such an as-
sessment are both bound to fail and are of questionable
utility. After all, there is an endless range of options for
how  such statistics maybe presented, and it is impossible
to predict the articles' future impact. However, using the
bluntest statistics available to us-cumulative download
statistics-of the articles (including editorials) made
available for free on the OUP  website (typically, one
article per issue is made freely available on the web, as
are all editorials), Table 1 can be presented.
   And amongst  the articles available only through sub-
scription, we see the 'top list' measured by the number
of downloads in Table 2.

*** Editor.


C The Author 2016. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oup.com


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