Skip to comments.Data Transfer Pact between EU and USA ruled invalid - Privacy protection related headache for US biz
Posted on 10/06/2015 7:53:06 AM PDT by MarchonDC09122009Edited on 10/06/2015 9:36:19 AM PDT by Admin Moderator. [history]
Europe’s highest court on Tuesday struck down an international agreement that had made it easy for companies to move people’s digital data between the European Union and the United States.
The ruling, by the European Court of Justice, could make it more difficult for global technology giants — including the likes of Amazon and Apple, Google and Facebook — to collect and mine online information from their millions of users in the 28-member European Union.
(Excerpt) Read more at nytimes.com ...
“The European Court of Justice is the highest legal authority in the European Union, and its decision cannot be appealed.
At issue is the sort of personal data that people create when they post something on Facebook or other social media; when they do web searches on Google; or when they order products or buy movies from Amazon or Apple. Such data is valuable to companies, which use it in a broad range of ways, including tailoring advertisements to individuals and promoting products or services based on users online activities.
Efforts to block the movement of such data across national borders could not only impose technical complexities on technology companies but could also require those companies to rethink the ways they make money in some parts of Europe.
The United States government had lobbied aggressively in Brussels in recent months to keep the Safe Harbor agreement in place.
The data-transfer rules do not only apply solely to tech companies. They will affect any organization with international operations, such as when a company has employees in more than one region and needs to transfer payroll information or allow workers to manage their employee benefits online.
This is extremely bad news for E.U.-U.S. trade, said Richard Cumbley, a tech lawyer at Linklaters in London. Thousands of U.S. businesses rely on the Safe Harbor as a means of moving information. Without Safe Harbor, they will be scrambling to put replacement measures in place.
In its ruling, the court said that the Safe Harbor agreement was flawed because it allowed American government authorities to gain routine access to Europeans online information. Such access infringes on Europeans rights to privacy established under the regions tough data protection rules, the court said.
Legislation permitting the public authorities to have access on a generalized basis to the content of electronic communications must be regarded as compromising the essence of the fundamental right to respect for private life, the European Court of Justice said in a statement on Tuesday.”
All the hacking of US government is just Obama collecting info for his data base on all Americans that he plans to use soon
RE: “All the hacking of US government is just Obama collecting info for his data base on all Americans that he plans to use soon.”
See related thread regarding Obola’s Executive Order that establishes an inter-agency behavioral analysis citizen database.
Not exactly, they just have to speed up the updated Safe Harbor Agreement.
Oh please, the EU is just a nosy as the US is when it comes to online data - this is all a dog and pony show to add some revenue to the EU coffers.
They just keep inching closer and closer to WORLD GOVERNMENT.
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Gov’t agency surveillance of citizens is similar, according to EU forensic and privacy peers.
However, the current issue about Safe Harbor centers around what private corporations can do with an individual’s data.
EU countries only permit personal data to be used for the purpose upon which it was agreed to be submitted.
For instance, patient health care data is strictly off limits from being shared.
That was one of the reasons why the suicidal pilot’s medical data was not fully known by Lufthansa.
Compare EU data privacy protections to the US.
Look at chart and list at ( thedatamap.org ) to learn how your personal health care data is shared between 8000+ entities.
Much of the sharing is done via unregulated data brokers who do not guarantee that patient records are anonymized as per HIPAA requirements.
The Information Security and Privacy Protection US community are trying to figure out the full repercussions of today’s final ruling.
Much compliance complexity for US businesses that do business and have users in the EU.
It’s interesting that this decision (crisis) is timed within 24 hours of the final (secret) Trans Pacific Partnership agreement, and it’s EU country counterpart TTIE.
New World Order of things?
Oh, you mean like the clause I had to sign that allows the bank to share my data with anyone they choose, at any time, without my knowledge AND that I am responsible for any damages that may occur - OR
the selling of my data among health insurers - OR
that I can be imprisoned for a personal opinion made privately via Facebook / email etc .... - OR
to many more to mention ...
The EU wants MONEY and they feel they can force some American companies to fork over large amounts in “compliance fees”.
You see, the EU was not earning anything on the sale of this data by Facebook and Co., so they needed an alternative.
That is an interesting and possibly realistic take on the EU motives.
I can tell you from personal experience that although EU citizens have little problem tolerating their socialist government monitoring them from womb-to-tomb, they voice great disgust at the idea of any private companies profiting off of their personal data without their permission. They are ahead of us on objecting to data brokers exploiting personal information without explicit informed consent for each transfer, and to retain the right to be forgotten, ie: purged from facebook & google databases.
Update: Int’l phone conference with actual individual who wrote and brokered US - EU Safe Harbor agreement said no one is aware of a Safe Harbor 2.0 agreement at this time.
Many thousands of US companies are affected by this, and both gov’t and corp legal council are trying to figure out where to go from here, now that the EU to US data transfer agreements have been ruled invalid.
One thing’s for sure - this is a great business opportunity for data protection specialist attorneys, data classification and cloud data privacy solution providers.
“In its ruling, the court said that the Safe Harbor agreement was flawed because it allowed American government authorities to gain routine access to Europeans online information. Such access infringes on Europeans rights to privacy established under the regions tough data protection rules, the court said.”
Translation: We don’t trust the US with our data. Given the WikiLeaks and Snowden debacles as well as the Chinese hacking incidents....if I were a judge in that court I would strike the agreements as invalid as well!
Just another awesome example of free trade in services. Not.
Since I actually live and work over here, and have since 1988 - I fell rather qualified to speak to this.
EU Citizens only object when a US Company is involved - they have ZERO problem with clauses that state quite clearly that the data they provide *could* be processed, maintained, etc in a foreign country. They have NO problem with using EC Debit cards for all their transactions - data which is then aggregated and sold - they have NO problem with using Store Loyalty Cards which are used to record every item purchased which in turn are used to create profiles that are then sold. They have no problem with European Versions of Facebook (which die quickly :D) & Co. which use the EXACT same business model.
I could continue for quite a while - but, as always with the EU - it is all about the money! Since the money making was occurring outside the EU, it was difficult for them to tax these companies in a profitable fashion - now they have a vehicle to do so.
Actually, it’s a pretty awesome example for the case for free trade. Unless you think we have free trade with the EU, in which case you’re hopeless.
Ping; possibly of interest.
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