Biden Order Brings New Transatlantic Data Pact Ever Closer (bloomberg.com) 22
The European Union and U.S. moved a step closer to securing the privacy of transatlantic data flows as President Joe Biden moved to end years of uncertainty and allow thousands of companies to legally move customer data across the Atlantic. From a report: Biden signed an executive order Friday that'll create an independent court system in the US for EU citizens who think their data was unlawfully accessed or used by intelligence agencies. Decisions by the Data Protection Review Court will be binding and force the likes of the CIA to limit data collection to the "pursuit of defined national security objectives," according to a White House fact sheet.
The EU Court of Justice in 2020 toppled the so-called Privacy Shield over concerns that user data wasn't safe from prying eyes once on US soil. The ruling meant thousands of businesses that ship commercial data to the U.S. had to figure out an alternative and EU-U.S. negotiators were forced back to the drawing table. The prospect of no accord led Meta Platforms to say it would may have no choice but to pull its Facebook and Instagram services from the EU. The order is designed to address concerns about the ability of American spies to access EU data, which led to two previous data transfer accords being struck down by the bloc's top court. The EU and US have been working on a new deal for months and in March reached a breakthrough with an agreement in principle. The order gives the European Commission a tool to "restore an important, accessible, and affordable" data transfer mechanism while also providing greater legal certainty for companies shipping data across the Atlantic, the White House said.
The EU Court of Justice in 2020 toppled the so-called Privacy Shield over concerns that user data wasn't safe from prying eyes once on US soil. The ruling meant thousands of businesses that ship commercial data to the U.S. had to figure out an alternative and EU-U.S. negotiators were forced back to the drawing table. The prospect of no accord led Meta Platforms to say it would may have no choice but to pull its Facebook and Instagram services from the EU. The order is designed to address concerns about the ability of American spies to access EU data, which led to two previous data transfer accords being struck down by the bloc's top court. The EU and US have been working on a new deal for months and in March reached a breakthrough with an agreement in principle. The order gives the European Commission a tool to "restore an important, accessible, and affordable" data transfer mechanism while also providing greater legal certainty for companies shipping data across the Atlantic, the White House said.
not gonna happen (Score:5, Insightful)
Schrems 4 here we come...
The US are NOT to be trusted with anyone's private data.
Re:not gonna happen (Score:4, Insightful)
In fairness, if you think it's any safer in the EU, I have a bridge to sell you.
There was a saying when I was younger and the internet existed but wasn't really big yet: if it's out of your network card, it's as good as public.
Keep that in mind whenever you do anything online. It'll serve you well because as you're careful about what you show in public, you'll become careful about the information you supply online. Because the best way to trust anyone with your private data is to give as little of it as possible.
Re:not gonna happen (Score:5, Interesting)
I disagree. The best way to keep things private is to absolutely flood the Internet with what MIGHT be personal information, because you WILL leak all of your personal information - the world is simply too connected to do otherwise. A low SNR is the best you can achieve, and it's a very useful best in the way that hiding in the closet is not.
Re: (Score:2)
We used to say "Never say anything online that you wouldn't shout down the hallway", meaning if you wouldn't want your family or your coworkers to know it then keep it to yourself.
Nothing you share is private.
Re: (Score:2)
Have a look at the GDPR and the sanctions that can be handed out under it. Yes, the data will leak, but no, those that have it cannot use it.
Re: (Score:2)
In real life this data is collected by companies, who are regulated by laws. If they break those laws, there are consequences. Big fines, too big to simply ignore as the cost of doing business.
GDPR has been working well. It has greatly limited the amount of personal data companies collect and store. As an example, you used to get endless spam emails and phone calls from recruiters who had scraped your CV or got it when you applied for some job a decade ago. All that stopped when GDPR came in because they ha
Re: (Score:2)
Indeed. Got to remember to donate to NOYB again. Oh, wait, I am a member there. They do good work.
Another secret court? (Score:5, Insightful)
I mean, the intelligence agencies don't want their secret objectives made public, so these hypothetical court proceedings will also be secret. The intelligence agencies can say anything they want, no one will be allowed to check it. Result: completely useless.
Snowdon showed that you cannot trust the US to treat its own citizens fairly. As a European, I trust the US not at all. Prohibit data transfer to the US, period. If the companies cannot live with that, they are welcome to leave.
Re: (Score:2)
AGREED!
Wish here in Canada we weren't so corrupted by our neighbour we could stand up for ourselves.
In the early days of mass surveillance we actually had intra-canadian traffic being rerouted down to US data collection points - with quite some impact upon latency when this change was made (and why i noticed it, though i didn't know WHY until we had earlier whistleblowers leak the existence of these data collection locations).
I expect that CSIS is doing it's own version, probably equipped by the US, here in
Congress sets national security objectives (Score:2)
Re: Another secret court? (Score:2)
Rather, companies should state whether they transfer data to the US. If they do and you donâ(TM)t like it, youâ(TM)re welcome to use another company.
Seems fairer than blocking all telecommunications between confinements just because you think people care about your religion or political affiliations.
Re: (Score:2)
And then the ban on data transfers will stay intact.
Re: (Score:2)
And EU citizens will have to pay for lawyers and other resources to get the case going?
That sounds like a huge inconvenience and cost to EU citizens.
Remind me again... (Score:2)
Independent court system? (Score:4, Insightful)
Biden signed an executive order Friday that'll create an independent court system in the US for EU citizens who think their data was unlawfully accessed or used by intelligence agencies.
In layman's terms, this is known as assigning the fox to guard the hen house. After seeing how the FISA court was misused by Obama for political purposes I don't understand how anyone can think this is a good idea.
Re: (Score:1)
Because it's on Bloomberg, and there's a large chunk of dickheads getting paychecks to be part of this idiocy.
As Hitler said, you threaten the pensions of public servants and they'll largely comply with whatever you want.
Nothing personal, but... (Score:3)
We still don't trust your system.
We don't trust our own either but we distrust yours even more.
Don't hold your breath (Score:5, Informative)
Biden signing an EO doesn't "create a new court system".
SCOTUS will slap that down in a heartbeat.
This is going to take Congress passing an actual law.
"Who think" (Score:1)
We don't want to think about it. They should not be able to access to this data without the european court order.
If US will have jurisdiction over it, I want to be able to decide if I want to OPT IN or at least be able to OPT OUT of it.
Securing Privacy? (Score:1)
with anything coming from the whitehouse, reverse the language, and have what is actually going on.
Already been addressed (Score:2)
American courts have a thing about "standing" to sue. It's already been tried: Americans have taken the government to court over their spying, but as the plaintiff cannot show, absolutely, that their data was gathered up in the dragnet, they have no "standing" to sue the government.
Any issue raised by any European will be rejected, because they can not show that they have standing. Case dismissed.
Anyone actually arrested, well, there's enough parallel construction going on, . . .
Re: (Score:3)
Any issue raised by any European will be rejected, because they can not show that they have standing. Case dismissed.
Possibly. Which will means it continues to be illegal to pass data of EU citizens to the US.