back to article Understand 'Safe Harbor', Schrems v Facebook in under 300 words

'Safe Harbor' is now defunct because the European Court of Justice found the following: (a) There is no general privacy law or other measures enacted in the US that shows the US offers "an adequate level of protection" for personal data relating to European data subjects; (b) Public law enforcement authorities which obtain …

  1. I Am Spartacus

    Whole new meaning of "Safe"

    see above

  2. Your alien overlord - fear me

    Easier getting the yanks to call it 'safe harbour' (with a 'u') than geting a federal data act.

    1. hplasm
      Meh

      Better renamed?

      Pearl Harbour. (Too soon?)

  3. Jason Bloomberg Silver badge
    Black Helicopters

    Kicking Uncle Sam in the nuts

    The likelihood of getting America to have decent data protection laws and have security agencies abide by that law I would frankly say was nil. Probably even less.

    More likely; threats and coercions will be applied to EU members to get them to fall in line with the American way of thinking.

    As much as this issue will impact on American business it will impact on ourselves and America would like nothing more than causing deep fractures within the EU. Its unity is pretty fragile as it is and America won't likely be adverse to stirring things up further.

    1. Voland's right hand Silver badge

      Re: Kicking Uncle Sam in the nuts

      Non-trivial I am afraid.

      Any Eu country "falling in line" will get dragged in front of the ECJ for public whipping.

      1. Naselus

        Re: Kicking Uncle Sam in the nuts

        "Any Eu country "falling in line" will get dragged in front of the ECJ for public whipping"

        Unless it's the UK, Germany, or France. If they do, it'll either be ignored, or the ECJ's mandate will be changed to permit them to bypass it.

    2. psiboy

      Re: Kicking Uncle Sam in the nuts

      Now if the EU wakes up and see's that Australia (as of today) is now even worse with 22 Government agencies having access to mandatory data retention without a warrant Australia might get kicked in the nuts too!

  4. Anonymous Coward
    Anonymous Coward

    Note the provision that says that when protected data is lawfully disclosed to legal authorities this does not mean that the protections lapse, e.g. the information cannot then be passed on to other bodies who are not covered by the agreement.

    1. Pascal Monett Silver badge

      Nice to know. Good news.

      Um, just one thing : who's going to control that ?

      Because right now there are a lot of people in high places with the habit of passing data by the petabyte without even blinking.

      I don't think they're going to change their habit any time soon when everything that is passed along is done for "National Paranoia" and under the radar.

      But one can always hope. . .

  5. Mark 85

    There's the protection (supposedly) that affect corporates and the outrage over the agencies. But what about the "sharing" aspect by the TLA's and FLA's? The backdoor of one agency sending data to another such that certain agencies can't slurp their own citizens but get the data from another agency not of that country. Will that sharing be addressed?

    1. Anonymous Coward
      Anonymous Coward

      Alas you can't make something unlawful that you can't prove and that they won't openly admit.

    2. Richard 12 Silver badge

      That would likely be unlawful

      Alas, proving they did it would be difficult in an individual case, and impossible in general.

  6. Wommit

    It would be madness to think

    that the American government, or the big corporations affected by this ruling, would ever enact such basic legislation. If it isn't in their constitution, then it aint gonna happen. Even the 'rights' granted in that constitution are abused almost daily. (Source: Thank you Mr. Snowdon.)

    America has a problem understanding "Borders" and cannot seem to understand that the EU likes to do things our own way, and argue & squabble a lot too.

    The EU is not under US jurisdiction, that's a simple statement, but it's one that the US government seems to find impossible to understand.

    Dear US Government,

    Grow up. Seriously, GROW UP! As a country get some maturity. (You are allowed by your constitution to bear arms to fight your own government should the need arise. Perhaps that time is approaching fast.)

    Get your security services under control, and acting lawfully. I know that this seems like a silly idea, but it would have saved you a whole bundle of trouble if you've done it a few decades ago. (Us to to tell the truth.)

    Please remember that when you piss people off, then they tend to get a bit angry, and like to make your life difficult. That's not attacking the USA, that's payback. That's why diplomacy evolved. To talk things over without necessarily shooting people.Diplomacy is NOT saying "you lot don't know your own laws." Diplomacy isn't saying "but it's legal by OUR laws."

    Perhaps you'd like to think about this, what would happen if the EU got it's collective act together and became a unified organisation? The EU is bigger than the US, combined it has a greater GDP. It would be a massive economic power, and would dwarf the US.

    Now think about pissing that beast off?

    1. MattPi

      Re: It would be madness to think

      "Perhaps you'd like to think about this, what would happen if the EU got it's collective act together and became a unified organisation? The EU is bigger than the US, combined it has a greater GDP. It would be a massive economic power, and would dwarf the US."

      I see that happening right after the UK adopts the Euro and goes fully metric.

      1. Pascal Monett Silver badge

        My, are you a farsighted one ):D

      2. JohnMurray

        Re: It would be madness to think

        There's no chance the USA will allow its UK colony to adopt the Euro as its currency.

        1. Anonymous Coward
          Facepalm

          Re: It would be madness to think

          Well we didn't adopt the Dollar either, tho I think Farage would like to

      3. John Presland

        Re: It would be madness to think

        Which, unless Murdoch wins the referendum, which I doubt, it will. The question is just "when".

  7. Michael Habel

    Again will this have any effect on MicroSoft?

    Seems to me that this filling should also apply to that bit of Spyware a.k.a Windows 10.

    1. Roj Blake Silver badge

      Re: Again will this have any effect on MicroSoft?

      I would install Windows 10 in order to sue Microsoft under the Data Protection Act, but that would mean that I'd have to install Windows 10

      1. Dr Stephen Jones

        Re: Again will this have any effect on MicroSoft?

        Why don't you sue Facebook instead, for tracking you without consent?

  8. Whitter
    Go

    The USA does what it does: the problem is the EU not facing that

    The USA is free to be un-free if it so desires.

    The EU has laws to protect our data: EU businesses and governments have not followed that law.

    Seems to me we need to look at ourselves first and foremost.

    1. Anonymous Coward
      Joke

      Re: The USA does what it does: the problem is the EU not facing that

      Sue Everybody!

  9. psiboy

    Now if the EU wakes up and see's that Australia (as of today) is now even worse with 22 Government agencies having access to mandatory data retention without a warrant Australia might get kicked in the nuts too!

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