EU Court of Justice may cut off data flows to US !
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Bipin Gautam
Jul 15, 2019, 10:04:51 AM7/15/19
to Nepali computer security and hacking community
News source : https://www.lemonde.fr/idees/article/2019/07/11/peter-swire-interdire-le-transfert-de-donnees-seulement-vers-les-etats-unis-serait-une-aberration_5488248_3232.html
msc ref. : http://europeanlawblog.eu/2019/07/15/the-us-china-and-case-311-18-on-standard-contractual-clauses/
Peter Swire: "Prohibit data transfer only to the United States would
be an aberration" tribune
[snip]
...
For the American Peter Swire, a specialist in privacy law, an
unfavorable decision of the Court of Justice of the European Union on
the transfer of data to the United States, expected in the coming
days, would be incomprehensible , when no restrictions currently exist
for transfers to China.
Posted on July 11, 2019 at 16h27 - Updated 11 July 2019 at 16h57 .
"If the European Union followed the option of banning data transfers
to all European trading partners, the result would be global economic
and political consequences. "
...
Tribune. In the coming days, the Court of Justice of the European
Union (CJEU) will have to say if American surveillance practices
violate the fundamental rights of European citizens. Such a decision
could well put an end to most transfers of personal data to the other
side of the Atlantic. If the Court makes a decision to do so, the
companies and services that Europe uses every day will no longer
legally transfer this data to the United States.
Read also What happened in a year of RGPD, the law supposed to protect
your data?
...
Even if the assumption that the Court would prohibit any transfer of
personal data to the United States seems unrealistic, the Austrian
activist Max Schrems, the plaintiff in the case pending before the
Court, won a similar case in 2015....
...
In this previous case, the Court had invalidated the decision by which
the European Commission considered adequate the level of protection of
personal data recognized in the United States and based on the "Safe
Harbor".
A terrible dilemma for European actors
...
msc ref. : http://europeanlawblog.eu/2019/07/15/the-us-china-and-case-311-18-on-standard-contractual-clauses/
Peter Swire: "Prohibit data transfer only to the United States would
be an aberration" tribune
[snip]
...
For the American Peter Swire, a specialist in privacy law, an
unfavorable decision of the Court of Justice of the European Union on
the transfer of data to the United States, expected in the coming
days, would be incomprehensible , when no restrictions currently exist
for transfers to China.
Posted on July 11, 2019 at 16h27 - Updated 11 July 2019 at 16h57 .
"If the European Union followed the option of banning data transfers
to all European trading partners, the result would be global economic
and political consequences. "
...
Tribune. In the coming days, the Court of Justice of the European
Union (CJEU) will have to say if American surveillance practices
violate the fundamental rights of European citizens. Such a decision
could well put an end to most transfers of personal data to the other
side of the Atlantic. If the Court makes a decision to do so, the
companies and services that Europe uses every day will no longer
legally transfer this data to the United States.
Read also What happened in a year of RGPD, the law supposed to protect
your data?
...
Even if the assumption that the Court would prohibit any transfer of
personal data to the United States seems unrealistic, the Austrian
activist Max Schrems, the plaintiff in the case pending before the
Court, won a similar case in 2015....
...
In this previous case, the Court had invalidated the decision by which
the European Commission considered adequate the level of protection of
personal data recognized in the United States and based on the "Safe
Harbor".
A terrible dilemma for European actors
...
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