back to article Dublin court to decide EU's future relationship with Trump's America

The future of the relationship between the European Union and President Trump's United States is being decided in a Dublin court hearing which is expected to continue for the next three weeks. While the president has backed away from previous comments regarding NATO and torture, his administration has offered no suggestion of …

  1. Doctor Syntax Silver badge

    The DPC's office told The Register that "it is expected that the case will run for three weeks, during which time we do not anticipate making daily comment on the matter."

    Will an ongoing commentary be available from anyone else?

    1. Swarthy
      Unhappy

      I miss Groklaw....

  2. Palpy

    Given the rush to up-end anything Obama-enacted...

    Trump's top boys are set to argue that "significantly enhanced" protections were introduced under Obama to ensure that EU citizens' data is protected in accordance with EU laws.

    It may be cold comfort to the Irish that "Trump's top boys" believe that Obama's legacy protects them, when Mr. Trump has shown he is willing to use his custom mini-pen to knock over the chessboard whenever he gets the urge.

    1. Crazy Operations Guy

      Re: Given the rush to up-end anything Obama-enacted...

      Trump also said that he was going to dismantle everything that Obama did under his presidency, so I can understand the Irish being a bit reticent about believing EU data is safe in the states...

      1. John Brown (no body) Silver badge

        Re: Given the rush to up-end anything Obama-enacted...

        "Trump also said that he was going to dismantle everything that Obama did"

        Yes, this! That was my very first thought on reading "significantly enhanced" protections were introduced under Obama"

  3. Doctor Syntax Silver badge

    I don't know what the DPC will be arguing but given that the primary weakness in the system still remain it's difficult to see how the case can be defended. There seems to have been an added assurance from the US DoC which doesn't have any real ability to restrain other arms of the US Govt.

    There's also a so-called provision for redress which fails on several counts. It's not in the injured party's jurisdiction and will, therefore, be very difficult to enforce; it would rely on the IP to detect than an illegal disclosure had occurred, a very unlikely event given that the data handler would be under no obligation to disclose and possibly legally obliged not to; and there are no criminal penalties for disclosure.

    In order to be anything but a Privacy Figleaf the following should be required:

    1. The EU-based organisation shipping the data to the US should remain responsible to the data subject in the data subject's jurisdiction in both civil and criminal law.

    2. The US data handler should be legally obliged to notify their EU counterpart of any breaches including disclosures to official bodies and this requirement should override any gagging orders.

    3. In the event of a breach the EU-based organisation should be obliged to act as if it were a breach on their part.

    If this makes transatlantic trade in data commercially infeasible, tough. There's a perfectly workable solution: ensure proper arm's length arrangements to ensure data sovereignty in the EU.

    1. Adam 52 Silver badge

      Call me cynical but I suspect the courts aren't really interested in applying the Law in this case, they are more interested in what they would call "Justice". This, then, will be political and the legal arguments only necessary in as much as they give the court something to justify whatever decision the judges want.

  4. Pen-y-gors

    Somebody else's problem?

    If the US govt lose it won't affect us here in the U K of A - we'll have a nice private trade agreement that outsources all our data to the CIA and NSA. Problem solved. Of course that would make it impossible for us to trade with the EU, but who wants that anyway?

    </pissed off cynical remainer mode>

    1. Crazy Operations Guy

      Re: Somebody else's problem?

      "Of course that would make it impossible for us to trade with the EU, but who wants that anyway?"

      Don't you see, that's their plan: If the US / UK are made to be crappy enough, no one would want to go there and would thus no more immigrants / refugees. You know, like how a little kid would drop their candy into the mud so they wouldn't have to share it.

  5. Anonymous Coward
    Anonymous Coward

    Don't hold your breath Europe

    * Our politicians have always been in love with super-confident America and pollyannic US corporations in general. It all stretches back to the good old days of Original-Apple, Original-IBM, Original-Intel, and Original Xerox and so on...

    * Plus its paddy-land here and we'll happily sell our souls for jobs for the lads. Why? We're small and have always been bullied by Big Brexit, so have lower self-confidence than other countries. This is why many say we drink too much.

    * Trump or not, Ireland won't rock the boat. If anyone in the rest of Europe is hoping this case will set a positive precedent for privacy or data rights, be prepared to be disappointed! The Irish DPC is run just like a local Centra/Spar, which is telling....

    1. Palpy
      Pint

      Re: Why the Irish drink so much.

      "[Low national self-confidence] ... is why many say we drink too much."

      I thought it was the weather... I read somewhere that when most of us say "Christ it's foul outside" the Irish say "Soft evening, yeh?" and mean it. Drink up, lads!

    2. Doctor Syntax Silver badge

      Re: Don't hold your breath Europe

      "If anyone in the rest of Europe is hoping this case will set a positive precedent for privacy or data rights, be prepared to be disappointed!"

      I'm not sure that the result of this case will be final. It'll be a steppingstone to the ECJ.

    3. Valeyard

      Re: Don't hold your breath Europe

      On the flipside, if there's one country that's well-practiced in not taking any crap from the big boys it's Ireland

  6. Mephistro
    Thumb Up

    My guess is that...

    ... the yanks will spend the next three weeks trying to defend the indefensible and receiving gobsmacks from the four Cardinal Points.

    This will require a mountain of popcorn!

  7. Mephistro
    Coat

    Also...

    Toadie: "Your Honour, please allow us to present this Inimicus Curiae brief in behalf of the Government of the USA."

    Judge: "Shouldn't that be 'Amicus Curiae'?"

    Toadie: "Oopps... "

  8. EnviableOne

    they really don't want to piss off the SV elite, as if they have to move corporate HQ from SV chances are it will go where the rest of their worldwide operations are based.... IRELAND

  9. ratfox
    Meh

    Political theatre

    - Can the US government be trusted not to look at user data? No.

    - Can US companies guarantee user data is safe from the NSA? No.

    - Is Europe going to ban US companies from handling user data? No.

    - Are Europeans going to stop using the services of US companies? No.

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