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Patriot Act vs. the EU's Data Protection Directive

Posted by Soulskill on from the otherwise-the-terrists-win dept.

itwbennett writes "Last week, Microsoft warned that under the Patriot Act the company may be compelled to hand over European customers' data on its new cloud service to U.S. authorities — and also to keep the data transfer secret. This, of course, runs counter to the European Data Protection Directive, which states that organizations must inform users when they disclose personal information. 'Microsoft can already transfer E.U. data to the U.S. under the Safe Harbor agreement. But legal experts have warned that this agreement is hardly worth the paper it's written on,' writes IDG News Service's Jennifer Baker. 'There are seven principles of Safe Harbor, including reasonable data security, and clearly defined and effective enforcement. However all this is nullified if the Patriot Act is invoked.'"

6 of 239 comments (clear)

  1. Honestly - why do business in the U.S. by Mr+Thinly+Sliced · · Score: 5, Interesting

    I'm someone interested in releasing my software.

    I've worked on this software for about 1 year my time, and done things I think are "research" in their newness.

    Releasing any software in the U.S. is basically opening me up to a multitude of unfounded lawsuits and I become a target for corporate espionage - why do I bother.

    As a euro developer - I must confess that the U.S. is looking less and less interesting as a revenue source.

    All the "steal people's data" and the "we control domains" - why on earth would I think about building a business in this piranha pool?

  2. Ok lets ask an easier question.... by pythonboy · · Score: 3, Interesting

    Ok lets ask an easier question.... ... Who doesn't have access to my personal data ?

  3. The summary is wrong. by CountBrass · · Score: 5, Interesting

    There are specific exceptions for 'National Security' in both the European directive and each country's implementation (eg the Data Protection Act in the UK).

    So all the US needs to do is find a shill (the UK government would be my guess at their first choice) who will declare that they need to export 'this' data as a matter of 'National Security' (honest!) and Microsoft and in the clear and the US get what they want.

    --
    Bad analogies are like waxing a monkey with a rainbow.
  4. Re:Down with the patriot act! by NoNonAlphaCharsHere · · Score: 4, Interesting

    It's the Patriot Act which "isn't worth the paper it's written on" - or is it The Constitution that isn't worth the parchment it's written on - since the Patriot Act?

  5. Re:Of course you realize, by Chrisq · · Score: 3, Interesting

    What it means is that European companies face a fine under the data protection act if they use a cloud service in the USA. I would have thought that it would give the USA more incentive to change the rules than the EU.

  6. News at 11 by MemoryDragon · · Score: 3, Interesting

    The USA is screwing the only friends they have left over (again)...
    So whats the news again?