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EU Advances Its Data-Flow Deal After US Makes Surveillance Changes (wsj.com) 24

The European Union took a significant step toward completing a deal with the U.S. that would allow personal information about Europeans to be stored legally on U.S. soil, reducing the threat of regulatory action against thousands of companies that routinely transmit such information. From a report: The European Commission, the EU's executive arm, on Tuesday published a draft approval of the preliminary deal it struck in March with the U.S. government. The agreement would re-establish a framework that makes it easy for businesses to transfer such information again following the invalidation of a previous agreement by an EU court in 2020.

As part of the new deal, the U.S. is offering -- and has started to implement -- new safeguards on how its intelligence authorities can access that data. If concluded, the deal could resolve one of the thorniest outstanding issues between the two economic giants. Hanging in the balance has been the ability of businesses to use U.S.-based data centers to do things such as sell online ads, measure their website traffic or manage company payroll in Europe. Blocking data transfers could upend billions of dollars of trade from cross-border data activities, including cloud services, human resources, marketing and advertising, if they involve sending or storing information about Europeans on U.S. soil, tech advocates say.

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EU Advances Its Data-Flow Deal After US Makes Surveillance Changes

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  • by gweihir ( 88907 ) on Tuesday December 13, 2022 @03:16PM (#63128020)

    Because there is no way the US will play fair and square here. The players on US side have no honor and no understanding what privacy actually means. I am a member of NOYB so I contribute in some small way to make this happen.

    • there is no way the US will play fair and square here. The players on US side have no honor and no understanding what privacy actually means.

      There is no way the UK wants the US to play fair and square here. They need the US to violate privacy protections for them.

    • https://noyb.eu/en/statement-e... [noyb.eu]

      Updated US law (Executive Order 14086) seems to fail on both requirements, as it does not change the situation from the previously applicable PPD-28. There is continuous "bulk surveillance" and a "court" that is not an actual court. Therefore, any EU "adequacy decision" that is based on Executive Order 14086 will likely not satisfy the CJEU.

      • by AmiMoJo ( 196126 )

        I can't see any way this can ever work. We can't trust the US to stick to these agreements, and it would be most unsatisfactory if EU citizens were forced to accept US processing of their data as part of e.g. employment.

        • by gweihir ( 88907 )

          ... it would be most unsatisfactory if EU citizens were forced to accept US processing of their data as part of e.g. employment.

          As condition of their employment in the EU, this would never fly. If you seek a job outside the EU all bets are off, obviously.

      • by gweihir ( 88907 )

        Nice! Had not seen that yet. Well, maybe this will not even need a "Schrems III" then. If things are this clear, the CJEU could just give out a statement that this is not sufficient. After all there are real penalties in place (up to and including a prohibition to process personal data) in case a company does not comply.

    • by fazig ( 2909523 )
      Well, time demonstrate on the streets again, I suppose.
    • by khchung ( 462899 )

      Because there is no way the US will play fair and square here. The players on US side have no honor and no understanding what privacy actually means. I am a member of NOYB so I contribute in some small way to make this happen.

      You are assuming EU actually have a choice here, but they don't.

      Just look up how many US troops are stationed in Europe. When you have foreign troops stationed in your country, you are a de facto vassal state. Vassal state do not get the say no, they only get to negotiate a little bit on the price.

      The only question here is how hard US need to squeeze to get EU to bend over.

      • by gweihir ( 88907 )

        You are thinking in historic terms.These are not valid today anymore. And the CJEU already has made that clear. FYI, if push comes to shove, they can force _anybody_ in the EU to comply. The only way around that would be to do a coup and install a puppet-government. That will not be possible on this scale.

  • As part of the new deal, the U.S. is offering -- and has started to implement -- new safeguards on how its intelligence authorities can access that data.

    Get free data in exchange promise to use it only to make money not spying. EU is always happy to be rapped by USA.

  • protection \ rights, then they shouldnt do any deal.
  • Blocking data transfers could upend billions of dollars of trade from cross-border data activities

    But blocking would also generate a huge growth in EU IT industry, perhaps creating billions of euros of trade.

  • Because isn't those the ones who collects and (ab)use the data? I wouldn't trust any government to hold up to such a deal, it isn't in their interest. Empirical data tells out that the fallout is temporary and minimal at best when leaks show the extent of, for example; NSA internet surveillance.

  • The almighty buck wins again.
    We'll sacrifice privacy to make advertising more *convenient*.

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