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EU Government Privacy United States

Documents Reveal Details of EU-US Privacy Shield Data Sharing Deal ( 35

Mark Wilson writes: Details of the data sharing arrangements agreed between the US and EU earlier in the month have been revealed in newly published documents. The EU-US Privacy Shield transatlantic data transfer agreement is set to replace the Safe Harbor that had previously been in place. The European Commission has released the full legal texts that will form the backbone of the data transfer framework. One of the aims is to 'restore trust in transatlantic data flows since the 2013 surveillance revelations,' and while privacy groups still take issue with the mechanism that will be in place, the agreement is widely expecting to be ratified by members of the EU.
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Documents Reveal Details of EU-US Privacy Shield Data Sharing Deal

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  • by bazmail ( 764941 ) on Tuesday March 01, 2016 @05:32AM (#51613501) can trust us again. Honest. lol!
    • by Anonymous Coward

      Exactly this. The whole roaring whine about the EU "disintegrating" when confronted with one crisis is really disingenuous. The point is we EUsians don't trust our institutions, and that with reason[1]. Weasel words like restore trust in transatlantic data flows since the 2013 surveillance revelations don't make it better (that was irony, I swear).

      No wonder people in the EU are voting populists everywhere (no, I don't think is the way to go, and I don't know whom I find more repugnant: those populists or th

      • by prefec2 ( 875483 )

        The sad thing is that some people decide to vote for nationalistic parties, which are not the solution to the low regard to human rights and especially to equality. In addition right wingers are only able to say what they do not want, but they never say how they want to solve any crisis (except for statement pointing out that the problem can be solved by making it the problem of some else, for example Greece).

        What we have to do it make a large step towards democracy and make clear to "elites" that this is a

  • I smell a loophole (Score:4, Interesting)

    by Anonymous Coward on Tuesday March 01, 2016 @05:52AM (#51613545)

    "The EU-U.S. Privacy Shield is a tremendous victory for privacy, individuals, and businesses on both sides of the Atlantic. We have spent more than two years constructing a modernized and comprehensive framework that addresses the concerns of the European Court of Justice and protects privacy."

    So what's it really like in there? Any lawyers around able to make heads or tails of it enough to find just how much it'll erode the privacy it supposedly protects?
    Because I trust these people about as far as I can throw the sun.

    • by Anonymous Coward

      This thing exists so that corporations can do what European privacy laws would otherwise forbid them to do. Stupidly it creates an incentive to move data processing to the US and US companies, because European companies handling the same data are bound by stricter laws, so they can't compete with companies in countries with lax privacy laws. This "deal" is like making domestic companies produce only flame retardant insulation, but allow anyone to sell imported insulation that isn't flame retardant.

      • by Sique ( 173459 ) on Tuesday March 01, 2016 @07:22AM (#51613727) Homepage
        It's just a band aid for a patch for a prothesis. Basicly it gives pause until the next lawsuit also invalidates Privacy Shield. The reason why Safe Harbor was deemed illegal was that European citizens had no legal standing when their data was requested from U.S. companies by the U.S. government. Privacy Shield now gives European citizens a pro forma legal standing, but now any U.S. governmental organization can deny the actual case going to court. I doubt that this will suffice in the eyes of the European Court.
      • by Anonymous Brave Guy ( 457657 ) on Tuesday March 01, 2016 @09:31AM (#51614177)

        This kind of arrangement also means that small European businesses can legally use US-based services to do useful things where there aren't any equivalent EU-based services. As someone running small European businesses, I can tell you first hand that this is the situation all too often. I'd be happy to use equivalent home-grown services instead, but sometimes we just don't have them.

        For example, I have a business that sells stuff online. It probably wouldn't have been commercially viable to get it up and running without US-based payment processing services. Imagine what would happen if every small business in a similar position had to close, how many people would lose their jobs, how many products and services wouldn't be delivered to customers who want them.

        I'm all for making sensible long-term policy, I'm all for promoting European entrepreneurship, and I'm all for protecting privacy and personal data. These are all good things, and concerns about how national governments and security services use that data are reasonable. But there are a lot of other people trying to get at that data as well, and allowing international services while still protecting EU citizens from having advertisers and insurers and credit agencies and all the rest getting hold of data on them just because some European business they dealt with happened to use US services is a good thing too.

        • by Anonymous Coward

          I'd be happy to use equivalent home-grown services instead, but sometimes we just don't have them.

          And now you know why. How can anyone expect home-grown services if their potential customers are allowed to violate European law by sending the data to foreign corporations? Does that pattern look familiar? Yes, it's offshoring: The US is to the EU like China is to the US (and the EU, of course), except with regard to privacy protection instead of environmental protection. This, btw, is how privacy dies: on the altar of economic development. Not only are we getting these ridiculously named workarounds ("pri

          • We don't have native European versions of these services because tech investment in places like Silicon Valley is orders of magnitude greater than in comparable start-ups almost anywhere in Europe. This is a well-known problem, with implications far wider than just privacy.

            The fact remains that some of those US businesses, having established themselves at home first, have then spent years dealing with regulations in other places including the EU so they can operate here as well. Again, this often covers are

    • by Nacht Elfje ( 4163483 ) on Tuesday March 01, 2016 @08:39AM (#51613913)
      I heard an analysis from a Dutch lawyer on the radio. Basically it's a swiss cheese of holes. For example: as soon as someone yells "terrorist" all rules and limitations go overboard. Besides, the whole FBI vs Apple thing makes it blatantly obvious where they stand on privacy. They want everything to be inherently insecure and accessible to them.
      • For example: as soon as someone yells "terrorist" all rules and limitations go overboard.

        The trouble is, that is a cultural problem, and it's common to both the US and the EU. The average MP or MEP or US Representative has little power to affect it directly, and probably in reality neither do European courts. A trade agreement just isn't big enough to change the now-established rules of the game, so you might as well write the trade agreements to do as much good as you can. In this context, that probably means preventing commercial exploitation of European citizens' data to the same standards a

  • Liberate the US (Score:4, Interesting)

    by Anonymous Coward on Tuesday March 01, 2016 @08:09AM (#51613831)

    I'm an EU citizen and I'm tired of the US invading our privacy. The only real solution is to send our militaries across the Atlantic to free the Americans from their corrupt government. If we really want privacy, we need to go to war with the US. It's the only solution. Without war, the US won't take the EU seriously.

    • You'd be attacking the wrong government. Your government is the one that is supposed to protect your privacy. If it doesn't then replace it.
    • by chihowa ( 366380 )

      I'm an EU citizen and I'm tired of the US invading our privacy. The only real solution is to...

      Unless the end of that sentence is "hold your own government accountable for its corruption", you haven't thought about it very hard.

      I know (hope!) that you were being facetious about going to war, but I hope you realize that you're better off trying to clean up your own government first. A good start is to start blaming your "representatives" for their actions instead of letting them off the hook every time they start bleating about the Americans.

  • You can skip that one. TFA contains nothing beyond US and EU official quotes. And the quotes are just void statements about restoring trust.

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