EU May Forbid the Transfer of Personal Data To the US
An anonymous reader writes: As the Snowden revelations have shown, personal data stored in the United States of America is not protected from the US government, be it through warrantless eavesdropping or national security letters. In light of this, the general attorney for the Court of Justice of the European Union has just issued an opinion requiring the US to be removed from the list of "safe harbors", where the transfer of personal data of European citizens is permitted. If the court follows his opinion, the change will have deep impact in the operations of large transnational Internet companies, between a US government that wants to keep on spying, and European authorities that will punish them if they let it happen.
The EU is trying to dictate the law to companies that are doing business in Europe, not against the US government or congress. Which every country does on its territory. Note that the case is against Facebook, not the US government.
Some of these companies happen to be US companies. Who may be in a bind soon, as the European Court of Justice is likely to invalidate the Safe Harbor Agreement, as it usually follows the advice of its general attorney. If that happens, said US companies are no longer allowed to store data of EU citizens outside the EU, but at the same time they may be told by the US via national security letter to hand over those data.
If both the US and the EU stay adamant, companies like Facebook may have to choose between doing business in the US or in Europe.
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