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US Government "deeply disappointed" over EU data-sharing ruling

The US government says it is deeply disappointed by a European Court of Justice ruling that strik...
Newstalk
Newstalk

08.59 6 Oct 2015


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US Government "deeply...

US Government "deeply disappointed" over EU data-sharing ruling

Newstalk
Newstalk

08.59 6 Oct 2015


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The US government says it is deeply disappointed by a European Court of Justice ruling that strikes down a data-sharing agreement affecting sites like Facebook and Twitter.

It is warning the ruling puts the transatlantic digital economy at risk.

"We are deeply disappointed in today's decision from the European Court of Justice," said Penny Pritzker, U.S. Secretary of Commerce, CNN reports.

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The ruling "creates significant uncertainty for both U.S. and EU companies and consumers, and puts at risk the thriving transatlantic digital economy," she added.

The EU Commission says it will work with the US to find better ways of protecting people's personal data.

EU Commission Vice President Frans Timmermans says data can still be transferred using other methods.

“In the light of the ruling we will continue this work towards a renewed and safe framework for the transfer of personal data across the Atlantic,” he said.

“In the meantime trans-Atlantic data flow between companies can continue using other mechanisms.”

A complaint over the transfer of data from the European Union to the United States is to go back before the High Court in Dublin.

It comes after the European Court of Justice (ECJ) ruled that the mass transfer of EU user data to the US by companies is a breach of the fundamental right to privacy.

Austrian law student Max Schrems took a case against Facebook in Ireland, claiming that their terms of service run contrary to European Union law.

The case centres around the 'safe harbour' agreement - which allows personal data to be transferred out of the EU to the US, where is can be monitored by the National Security Agency (NSA).

In its ruling, the ECJ says: "Without needing to establish whether that scheme ensures a level of protection essentially equivalent to that guaranteed within the EU, the Court observes that the scheme is applicable solely to the United States undertakings which adhere to it, and United States public authorities are not themselves subject to it".

The ECJ says the safe harbour decision is "invalid".

In a statement, the Data Protection Commissioner Helen Dixon says her legal team will take whatever actions are necessary to bring the case back as soon as practicable before the Irish High Court.

 "In declaring the old “safe harbour” rules invalid, however, the significance of the judgment extends far beyond the case presently pending in Ireland", she says.

"In that regard, my office will immediately engage with our colleagues in other national supervisory authorities across Europe to determine how the judgment can be implemented in practice, quickly and effectively, particularly insofar as it impacts on EU/US data transfers", Commissioner Dixon adds.

TJ McIntyre of Digital Rights Ireland told Newstalk Lunchtime this will see a big imperative for a new deal.

And Data Protection Minister Dara Murphy says all EU member states need to be active in this.

NSA whistleblower Edward Snowden has also weighed in on the ruling, tweeting:

The US government says it is deeply disappointed by a European Court of Justice ruling that strikes down a data-sharing agreement affecting sites like Facebook and Twitter.It is warning the ruling puts the transatlantic digital economy at risk.The EU Commission says it will work with the US to find better ways of protecting people's personal data.EU Commission Vice President Frans Timmermans says data can still be transferred using other methods.“In the light of the ruling we will continue this work towards a renewed and safe framework for the transfer of personal data across the Atlantic,” he said.“In the meantime trans-Atlantic data flow between companies can continue using other mechanisms.”

 


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