Professor Peter Swire Testimony in Irish High Court Case
Peter Swire’s expert report was submitted on November 2, 2016 to the Irish High Court in the current litigation, where Max Schrems is challenging whether transfers of personal data under standard contract clauses are adequately protected under European Union privacy law.
Under Irish rules, Swire was an expert selected by Facebook but required to give his independent opinion about U.S. law; Swire retained complete editorial control over the content of the testimony. The decision to make the report public was made by Swire and was not the decision of Facebook.
Swire is the Elizabeth and Thomas Holder Chair at the Georgia Tech Scheller College of Business, and Senior Counsel at Alston & Bird. Attorneys at Alston & Bird supported Swire’s work on the testimony, led by Jim Harvey with lead assistance from Dan Felz, Justin Hemmings, DeBrae Kennedy-Mayo, and Suzanne Vergnolle.
Overall, the testimony explains U.S. surveillance law for a non-U.S. audience. You can download the entire testimony here, or individual chapters:
Chapitre 1, “Résumé de Témoinage,” est disponible en français ici. (Chapter 1 is available in French translation here).
The Irish DPC has published online all transcripts from the case, including submissions of the U.S. Government, Facebook, the DPC, and the testimony of Peter Swire.
Below is a series of essays written as brief introductions to Swire's testimony. The first essay provides a short overall summary of the testimony. Essays 2 to 5 summarize key points of the testimony: