In a break from solidarity with his fellow DPA's the regulator for Schleswig-Holstein has issued an opinion effectively saying EU Approved clauses are no good. https://www.datenschutzzentrum.de/uploads/internationales/20151014_ULD-Positionspapier-zum-EuGH-Urteil.pdf
Not unexpected as a matter of law but if ICO follows suit we would lose protection of Scheduled 4 para 8.
Perhaps of greater concern the same opinion deals with the consent issue as ameans of negating principle 8. The regulator said that
1. Consent must be given "without a doubt", Art. 26 para. 1
2. Consent requires not only a clarification of the purpose, but also about the risks of data processing and the related waiver of comparable or adequate level of protection. Therefore, the person concerned would first need to be given comprehensive information on the missing level of protection, especially on US government access powers, lack of legal protection / data subjects' rights
Again if ICO or rest of EU follows suit we are in for a rough ride relying on consent as a get out.
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