EU Court rules against Data sharing with the US because of snooping on personal data by US intelligence agencies (legal, activist)

[Brave New World]

This ruling has big implications as vetting data and for US companies and the US Intelligence Community and it seems the EU is now demanding that the US meet EU data laws, which would require large scale change in the US, whilst meeting the new data requirement may be very difficult for many US companies, and it also has implications for Britain and Brexit, although Britain already adheres to the EU General Data Protection Regulation.

“The European Court of Justice clarified for a second time now that there is a clash of EU privacy law and US surveillance law. As the EU will not change its fundamental rights to please the NSA, the only way to overcome this clash is for the US to introduce solid privacy rights for all people — including foreigners. Surveillance reform thereby becomes crucial for the business interests of Silicon Valley,” he added. “This judgment is not the cause of a limit to data transfers, but the consequence of US surveillance laws.

Originally Posted by BBC News

A major agreement governing the transfer of EU citizens' data to the United States has been struck down by the European Court of Justice (ECJ).

The EU-US Privacy Shield let companies sign up to higher privacy standards, before transferring data to the US.

But a privacy advocate challenged the agreement, arguing that US national security laws did not protect EU citizens from government snooping.

Max Schrems, the Austrian behind the case, called it a win for privacy.

"It is clear that the US will have to seriously change their surveillance laws, if US companies want to continue to play a role in the EU market," he said.

US Secretary of Commerce Wilbur Ross said his department was "deeply disappointed" by the decision.

He said he hoped to "limit the negative consequences" to transatlantic trade worth $7.1 trillion (£5.6tn).

Affected companies will now have to sign "standard contractual clauses": non-negotiable legal contracts drawn up by Europe, which are used in other countries besides the US.

US Privacy Shield for data struck down by court - BBC News

Originally Posted by The Guardian

Tech companies like Facebook could be prevented from sending data back to the US, after the latest ruling in a long-running European legal saga found that there are not enough protections against snooping by US intelligence agencies.

The ruling of the court of justice of the European Union (CJEU) does not immediately end such transfers, but requires data protection authorities (DPAs) in individual member states to vet the sending of any new data to make sure people’s personal information remains protected according to the EU’s data protection laws (GDPR).

The complaint, which goes back to October 2014, was lodged by Austrian privacy activist Max Schrems. He argued, following the Snowden revelations, that the privacy of European citizens could not be guaranteed if their data was sent to the US, given the evidence of widespread eavesdropping by the country’s National Security Agency (NSA), and the fact that the US legal system only protected the rights of US citizens.

The complaint, which goes back to October 2014, was lodged by Austrian privacy activist Max Schrems. He argued, following the Snowden revelations, that the privacy of European citizens could not be guaranteed if their data was sent to the US, given the evidence of widespread eavesdropping by the country’s National Security Agency (NSA), and the fact that the US legal system only protected the rights of US citizens.

Schrems’ initial complaint led to the overturning of the EU/US “safe harbour”, which had governed data transfer between the two regions, and the creation of a new treaty, the EU/US “privacy shield”. This latest ruling has overturned that policy too.

“At first sight it seems the court has followed us in all aspects,” Schrems said in a statement. “This is a total blow to the Irish DPC [data protection commission] and Facebook. It is clear that the US will have to seriously change their surveillance laws if US companies want to continue to play a role on the EU market.”

Tech firms like Facebook must restrict data sent from EU to US, court rules - The Guardian

[Brave New World]

This has implications in terms of everything from conference calls and emails through to research and trials, and many other areas.

Whilst as youtuber Jeff Taylor explains the planned new standard contractual clauses in relation to data sharing will be cumbersome and costly for US companies.


https://www.youtube.com/watch?v=WsPkvjIUhgU