{"id":128241,"date":"2015-10-06T07:36:20","date_gmt":"2015-10-06T13:36:20","guid":{"rendered":"http:\/\/hill-kleerup.org\/blog\/2015\/10\/06\/an-eu-court-shoots-a-hole-in-safe-harbor-data-sharing.html"},"modified":"2015-11-11T09:33:16","modified_gmt":"2015-11-11T16:33:16","slug":"an-eu-court-shoots-a-hole-in-safe-harbor-data-sharing","status":"publish","type":"post","link":"https:\/\/hill-kleerup.org\/blog\/2015\/10\/06\/an-eu-court-shoots-a-hole-in-safe-harbor-data-sharing.html","title":{"rendered":"An EU Court shoots a hole in "safe harbor" data sharing"},"content":{"rendered":"

"Thanks, Obama! [And Bush!]" A European Union court has decided that loosey-goosey NSA mass surveillance programs of data within the US, with the cooperation (or coercion) of large tech companies, means personal data of EU citizens on US servers is not adequately safeguarded — which means, under EU law, it cannot be stored there.<\/p>\n

That's a huge problem potentially for major US firms like Amazon and Facebook and the like who have used the US\/EU "safe harbor" agreement to store personal data wherever they want. But it's also a problem for companies like my former employer who relied upon safe harbor provisions to store company HR data centrally. Will they now (or soon) need to break out EU employee data into a separate instance, controlled under separate rules?<\/p>\n

Actions have consequences. By demonstrating that data is not protected from mass scrutiny in the US, the US has demonstrated that countries that care about privacy should not have their data handled by US companies. And this goes beyond just where the data resides. The US government has argued, for example, that Microsoft should be compelled to turn over data that is residing on servers in Ireland because it is a US company. If they succeed in that argument, I can see the EU saying that private individual data cannot be turned over to US companies at all.<\/i> Which won't do any<\/i> of us any good.<\/p>\n

If the Internet gets broken into separate fiefdoms, it would be ironic if it weren't because of rapacious Big Business but because of overreaching Big Governments.<\/p><\/blockquote>\n

\n
\n
\n<\/a>
\nAn EU Court Invalidates an Agreement Allowing Tech Companies to Move European Data to the U.S. – The Atlantic<\/a><\/span>
\nThe Safe Harbor agreement was challenged by an Austrian graduate student, who argued that personal data of EU citizens was misused by the NSA’s Prism program.\n<\/p><\/blockquote>\n

View on Google+<\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

"Thanks, Obama! [And Bush!]" A European Union court has decided that loosey-goosey NSA mass surveillance programs of data within the US, with the cooperation (or coercion) of large tech companies, means personal data of EU citizens on US servers is not adequately safeguarded — which means, under EU law, it cannot be stored there. That's … Continue reading “An EU Court shoots a hole in "safe harbor" data sharing”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","_seopress_robots_follow":"","_seopress_robots_imageindex":"","_seopress_robots_snippet":"","_seopress_robots_primary_cat":"","_seopress_robots_breadcrumbs":"","_seopress_robots_freeze_modified_date":"","_seopress_robots_custom_modified_date":"","_seopress_robots_canonical":"","_seopress_social_fb_title":"","_seopress_social_fb_desc":"","_seopress_social_fb_img":"","_seopress_social_fb_img_attachment_id":0,"_seopress_social_fb_img_width":0,"_seopress_social_fb_img_height":0,"_seopress_social_twitter_title":"","_seopress_social_twitter_desc":"","_seopress_social_twitter_img":"","_seopress_social_twitter_img_attachment_id":0,"_seopress_social_twitter_img_width":0,"_seopress_social_twitter_img_height":0,"_seopress_redirections_value":"","_seopress_redirections_enabled":"","_seopress_redirections_enabled_regex":"","_seopress_redirections_logged_status":"","_seopress_redirections_param":"","_seopress_redirections_type":0,"_seopress_analysis_target_kw":"","_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[106,10,132],"tags":[],"class_list":["post-128241","post","type-post","status-publish","format-standard","hentry","category-plusposts","category-geopolitical-brouhaha","category-privacy"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":51059,"url":"https:\/\/hill-kleerup.org\/blog\/2015\/05\/13\/when-is-a-rule-not-a-rule.html","url_meta":{"origin":128241,"position":0},"title":"When is a rule not a rule?","author":"***Dave","date":"Wed 13-May-15 7:48am","format":false,"excerpt":"When it's presented as a rule to tell people they can't do stuff, but, when pressed in court, the Justice Dept. says it's merely a guideline so the court shouldn't make any rulings about it.' The Justice Department lawyers asked U.S. District Judge Yvonne Gonzalez Rogers in Oakland to throw\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":136815,"url":"https:\/\/hill-kleerup.org\/blog\/2018\/06\/22\/scotus-rules-that-cell-phone-records-can-require-a-search-warrant.html","url_meta":{"origin":128241,"position":1},"title":"SCOTUS rules that cell phone records can require a search warrant","author":"***Dave","date":"Fri 22-Jun-18 8:09pm","format":false,"excerpt":"Cell phone companies have records of calls and locations (via tower records) that can provide a bonanza of data for law enforcement trying to see where someone (or their phone, at least) is at any given time, potentially for years.The Supreme Court, in a narrow 5-4 decision, has decided that\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":37611,"url":"https:\/\/hill-kleerup.org\/blog\/2013\/06\/06\/big-brother-is-listening.html","url_meta":{"origin":128241,"position":2},"title":"Big Brother Is Listening","author":"***Dave","date":"Thu 6-Jun-13 6:24am","format":false,"excerpt":"Or, if not listening, simply marking down every phone call you make, where you are, where they are, who \u00a0you and they are, when it was, etc. Every. Call.We only know that Verizon has been giving the NSA\u00a0that data, under a sealed FISA court order. \u00a0It would be foolish to\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":50530,"url":"https:\/\/hill-kleerup.org\/blog\/2015\/05\/07\/so-maybe-now-we-can-have-a-debate-about-nsa-data-collection.html","url_meta":{"origin":128241,"position":3},"title":"So maybe now we can have a debate about NSA data collection","author":"***Dave","date":"Thu 7-May-15 10:31am","format":false,"excerpt":"A federal appellate court has ruled that the NSA's interpretation of the PATRIOT Act \u00a7215 is incorrect, and it can't vacuum up the metadatda for every phone call in the US willy-nilly.Now, I have little doubt that if the NSA goes back to Congress and asks them, when PATRIOT is\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":38882,"url":"https:\/\/hill-kleerup.org\/blog\/2013\/09\/29\/the-money-question-about-the-nsa.html","url_meta":{"origin":128241,"position":4},"title":"The Money Question about the NSA","author":"***Dave","date":"Sun 29-Sep-13 10:27am","format":false,"excerpt":"\"But they're the good guys, right?\"Short answer: Even if what they are doing right now is good, they're opening the door (literally as well as figuratively) for the bad guys, foreign and domestic, to do bad stuff.Reshared post from +Kee Hinckley\u275d The NSA mission is national security. 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