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United States EU

EU Privacy Watchdogs Seek Assurances on US Data Transfer Pact (reuters.com) 36

European Union data privacy watchdogs will seek assurances from U.S. authorities that a move by U.S. President Donald Trump to crack down on illegal immigration will not undermine a transatlantic pact protecting the privacy of Europeans' data. From a report: European concerns have been raised by an executive order signed by Trump on Jan. 25 aiming to toughen enforcement of U.S. immigration law. The order directs U.S. agencies to "exclude persons who are not United States citizens or lawful permanent residents from the protections of the Privacy Act regarding personally identifiable information." The exemption of foreigners from the U.S. law governing how federal agencies collect and use information about people has stoked worries across the Atlantic about the new administration's approach to privacy and its impact on cross-border data flows.
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EU Privacy Watchdogs Seek Assurances on US Data Transfer Pact

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  • If the law says these people are included, the President does not have the legal authority to exclude them. As the Executive, his job is to execute the law. Executive orders to exclude execution of the law in specific cases is legislating from the Executive, which is a breach of Presidential power.

    On the other hand, if the law currently specifies US Citizens and Permanent Residents and does not specifically exclude others, the Executive is within his discretion to incorporate all lawful visitors to the

    • by Jaime2 ( 824950 ) on Thursday February 16, 2017 @03:05PM (#53881237)

      They need assurances because the executive branch has a history of holding "unconventional interpretations" of our own laws, then avoiding judicial oversight by slapping gag orders on all potential defendants so no one has standing in court. The also invented a parallel court system for these cases, where no judge ever says no to anything.

      Then they're shocked when one or two operatives grow a conscience and find a way to shine a light on the situation - so they pursue them to the ends of the earth and threaten them with the death penalty.

    • If the law says these people are included, the President does not have the legal authority to exclude them.

      You mean, like your 4th Amendment?

      George W. said the constitution is just a goddamn piece of paper. Barrack H. expanded those violations to an enormous level. And your newest Dear Leader apparently wants to drop any remaining lip service to rule of law.

    • by AHuxley ( 892839 )
      The US legal system is working. Congress gave a lot of power to search and question anyone with or without paperwork entering the USA.
      Most readers know the original of the NSA and CIA and who they report to and what data they like to collect in the EU.

      The problem for the EU is they did a lot of passport and privacy deals with the USA over the years.
      That was when nations in the EU still had some control over who got EU nation passports.
      With the illegal immigration into the EU area, the offer of citizen
      • by dave420 ( 699308 )

        EU citizenship is not offered to anyone with no papers. Please stop lying. Your entire argument is based on nonsense.

        • by AHuxley ( 892839 ) on Friday February 17, 2017 @09:29AM (#53885533) Homepage Journal
          Re citizenship in different parts of the EU is not that difficult to understand...
          https://en.wikipedia.org/wiki/... [wikipedia.org]
          has a nice list of what asylum laws offer, years of residence, what is on offer for refugees and stateless persons or the need to take some integration course.
          That an interesting person can turn up in some EU nation, get some new EU nations travel document years later and attempt to enter the USA on that new passport is not unexpected.
          To counter such nation shopping by interesting people, the US has to be sure of who is trying to enter from any EU nation.
          The origins of the Safe Harbour directives back in the 1980-90's should not now work as a cover for people who are of interest to the US gov.
  • by sasparillascott ( 1267058 ) on Thursday February 16, 2017 @02:50PM (#53881149)
    Because prior assurrances from U.S. officials, whether to foreign governments (Germany and spying on their Chancellor) or their own citizens, have turned out to be so trustworthy. Give me a break. E.U. officials should assume when it comes to privacy related commitments like this, they cannot trust anything the U.S. government says.
    • by Anonymous Coward on Thursday February 16, 2017 @02:58PM (#53881199)

      I don't think you understand. Europe has always been a great ally, our president is going there to have dinner with their Queen.

      Then again I assume you're trolling because Chancellors are a Star Wars thing.

      • The Brits KNOW that Brexit is NOT going to go well with the EU, its NOT going to be "keep calm and carry on" , so the Theresa May government is desperate to ensure trade with the USA does not suffer under Trump. So what she has done is appeal to Trumps petty vanity, and whore out the royal family, I wonder even if some minor royal will be sacrificed so Trump can say he "Bagged a Royal".
      • I don't think you understand. Europe has always been a great ally, our president is going there to have dinner with their Queen.

        Then again I assume you're trolling because Chancellors are a Star Wars thing.

        You are the real troll, but I'll bite...

        Europe is not a country, it is a continent.
        Europe does not have a Queen, but England does.
        Chancellors are not just a "Star Wars thing", because Angela Merkel is currently the Chancellor of Germany.

        • by Anonymous Coward

          Germany used to be a federal republic. Now it's a state in the EU, and has surprisingly limited sovereignty. So, Europe is not a country, but the EU has seized sovereignty over the states. If you don't believe me, note that Ireland doesn't have enough remaining sovereignty to set tax rates.

          • If you don't believe me, note that Ireland doesn't have enough remaining sovereignty to set tax rates.

            This is so thoroughly and debunked and so thoroughly untrue that it's simply an outright lie.

            Ireland is sovereign and can set whatever taxes they want. They can't however keep getting all the cool stuff from the EU while doing it. It's generally considered polite, but unnecessary, to invoke Article 50 first.

            "waah waah give me stuff" is not the definition of sovereignty.

      • You eloquently show the ignorance of the general USA populace.
        Europe doesn't have a queen, it has and un-elected president.
        Chancellor Angela Merkel is the prime minister of Germany.
    • I totally trust POTUS 45 on this: When he says fuck everyone else, me first, umm I mean America first, I really believe he means it.
    • by prefec2 ( 875483 )

      Well but think of all the money. We need to go for the money not for human rights. That is why the EU signed that treaty again, after EU courts eliminated the previous agreement and they will again.

  • by Anonymous Coward

    If the executive order invalidates freshly wrought privacy/data protection agreements with the US, and given the recent ruling versus Google, EU companies will no longer find it legal to store customers data on US based multinational clouds. Shooting US tech companies in the foot, but then Trump didnt like them anyway?

  • by Anonymous Coward

    In order for the transatlantic protection pact to be undermined, it first has to actually protect anything. Since it is a placebo pact, it doesn't actually protect anything, it cannot be undermined.

    We should thank our dear European leaders for their foresight which allowed them to engage in such an incorruptible treaty.

  • Fun fact: even though we have Data Privacy pacts with both the EU and Canada, we violate them each and every day.

    According to the pacts, privacy laws that are required in the EU and Canada are also supposed to apply to all nationals from those countries while they are in the US and its territories.

    But.

    They're not.

    We are spying on you.

    We just lie that we're not.

    (mind you, this is now being used the other way, so Deep State that, Golden Boy)

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