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EU May Forbid the Transfer of Personal Data To the US

Posted by samzenpus on from the no-data-for-you dept.

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.

5 of 202 comments (clear)

  1. The US needs a serious spanking by msobkow · · Score: 5, Insightful

    The US needs to wake up to the fact that it doesn't set policy for the world, and that other jurisdictions have their own laws and regulations that US companies have to abide by if they want to do business there.

    Enough with jackboot "treaties" that the US doesn't even try to abide by after signing them. :(

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:The US needs a serious spanking by msobkow · · Score: 5, Insightful

      No one is making claims under the agreement. What they are saying is that the US does not abide by the terms of the agreement, so the agreement should be nullified.

      This isn't a decision being made by courts; it's a decision being made by the government. Totally different ballgame.

      The US does not get to dictate law to foreign nations, no matter how much they'd like to.

      --
      I do not fail; I succeed at finding out what does not work.
    2. Re:The US needs a serious spanking by Lonewolf666 · · Score: 5, Informative

      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.

      --
      C - the footgun of programming languages
    3. Re:The US needs a serious spanking by viperidaenz · · Score: 5, Insightful

      Isn't Facebook an Irish company?

  2. Re:Weigh it up. by Anonymous Coward · · Score: 5, Insightful

    Or

    US corporation stay within the USA, missing out on doing business with 96% of the worlds population.

    At one point the USA made up about 60% of the worlds GDP, that meant doing business with the US.

    Now the US is about 1/3 of the worlds GDP, meaning more money can be made dealing with everyone else.

    The US is no longer able to dictate to the world, and that scares US politicians shitless, they don't know how to behave when not in charge.