Safe Harbour 's Invalidity And Its Implications Essay

1362 Words Mar 3rd, 2016 null Page
Safe Harbour’s invalidity and its implications
In October 2015 the European Court of Justice ruled that the “safe harbour” agreement between the United States’ Department of Commerce and the European Commission is invalid.
The original complaint was lodged by Maximillian Schrems, an Austrian citizen, who had been a Facebook user since 2008. Some or all the data provided to Facebook is transferred to servers located in the United States, where it is processed. Mr Schrems lodged a complaint, taking the view that, in the light of the revelations made in 2013 by Edward Snowden concerning the activities of the United States intelligence services (in particular the National Security Agency), the law and practice of the United States do not offer sufficient protection against surveillance by the public authorities. [1]
The Safe Harbour principles enabled US companies, which store customer data, to self-certify that they comply with the EU Data Protection Directive which went into effect in October of 1998, and would prohibit the transfer of personal data to non-European Union countries that do not meet the European Union (EU) “adequacy” standard for privacy protection.
In order to bridge the differences in approach to privacy protection between the EU and the US and provide a streamlined means for US organizations to comply with the Directive, the U.S. Department of Commerce in consultation with the European Commission developed a "Safe Harbour" framework to provide the information…

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