Bonum Certa Men Certa

EPO and Microsoft Collude to Break the Law -- Part VI: A Not-so-safe Harbour

Previous parts:



Safe Harbour
Thanks to the efforts of Max Schrems, the Safe Harbour Agreement was invalidated in October 2015



Summary: Examining the so-called 'Safe Harbour' Agreement, which was neither safe nor a harbour

To ensure that the personal data of European citizens was protected in a manner complaint with EU data protection regulations after it had been transferred to the USA, deals such as the Safe Harbour Agreement and the EU-US Privacy Shield were drafted and implemented to address the shortcomings of nationwide data protection in the USA.



As it turned out, these agreements did not last very long. The Court of Justice of the EU (CJEU) overturned them both because in practice they did not live up to the agreed data protection standards.

These CJEU rulings were a slap in the face for the politicians in the European Parliament who had rubber-stamped the agreements despite warnings from data protection advocates.

The CJEU judgements also gave a clear indication that future agreements of this kind must deliver genuine data protection if they are to be upheld.

"On top of this, there is also the concern and suspicion that commercially lucrative data from the EU can (and will) be tapped on the American side."This effectively creates an impasse because US providers are subject to American legislation such as the PATRIOT Act, the USA FREEDOM Act, and the CLOUD Act, which are designed to ensure that US authorities and intelligence agencies have access to personal data of EU citizens.

On top of this, there is also the concern and suspicion that commercially lucrative data from the EU can (and will) be tapped on the American side.

However, in July 2000, in the context of an examination of the adequacy of the protection of personal data transferred to other countries, the European Commission took the position that the "Safe Harbour" principles developed by the US were in compliance with Article 25 of the EU Data Protection Directive 95/56/EC and would provide "adequate protection" for the transfer of personal information from the EU to the US.

The European Commission thus gave approval for transfers of personal data to the US by means of executive decision no. 2000/520/EC, the so-called "Safe Harbour decision".

However, in 2013 this decision was called into question by the Snowden revelations.

The game was over on 6 October 2015 when the CJEU delivered its judgment in the case of Maximillian Schrems v Data Protection Commissioner.

"...in 2013 this decision was called into question by the Snowden revelations."In this judgment the Court invalidated the European Commission's Safe Harbour Decision, because "legislation permitting the public authorities to have access on a generalised basis to the content of electronic communications must be regarded as compromising the essence of the fundamental right to respect for private life".

Maximillian Schrems
Max Schrems in front of the office of the Irish Data Protection Commissioner in Dublin



This landmark judgment of the CJEU in data protection matters which is colloquially known as "Schrems I" was largely due to the efforts of one individual, the Austrian activist and author Maximilian "Max" Schrems who had initiated a legal action in his capacity as a Facebook user claiming that his Facebook data were insufficiently protected.

In essence Schrems argued that the Safe Harbor system would violate his fundamental right to privacy, data protection and the right to a fair trial under the Charter of Fundamental Rights of the European Union.

The striking down of the Safe Harbour Decision by the CJEU resulted in further talks between the EU Commission and the Obama Administration aimed at establishing "a renewed and sound framework for transatlantic data flows".

The outcome of these talks was a revised framework for regulating transatlantic exchanges of personal data which became known as the EU-US Privacy Shield.

"...the Privacy Shield turned out to be rather porous and it was also struck down by the CJEU in July 2020 in the context of a further legal challenge mounted by Max Schrems."The European Commission approved the Privacy Shield on 12 July 2016 and it entered into effect the same day.

However as we shall see in the next part, the Privacy Shield turned out to be rather porous and it was also struck down by the CJEU in July 2020 in the context of a further legal challenge mounted by Max Schrems.

Recent Techrights' Posts

You Should Probably Self-Host Your E-mail and Never Use a Web Browser for Mail
Does anyone still believe Gmail is "free"?
StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
 
Trump Authority (CA) With a Trump NSA is All About Security, But Whose?
A "turnkey tyranny", as the NSA whistleblower Thomas Drake loved to call it
Confirming IBM Shutdowns and Layoffs Today
It's not over yet
Gemini Links 16/04/2025: The 2010s Are Calling and Why "Tools Will Not Liberate Us"
Links for the day
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day
Links 15/04/2025: Touchable Volumetric Display and Resistance to American Spying Firms
Links for the day
Links 15/04/2025: Some People Cannot Read and Re-discovering of 'Web 1.0'
Links for the day
Links 15/04/2025: China Admits Targetting Critical Infrastructure Using CALEA Back Doors, NASCAR Cracked by Windows Usage
Links for the day
Why We Support Carole Cadwalladr (Even If We Don't Agree With Everything She Said)
I first became aware of Cadwalladr's work a long time ago
Microsoft's Serial Strangler Chose to Attack Techrights With SLAPP When Over 400 Victims of Mohamed Al Fayed Complained About Media's Role in Enabling Him
There is a strong element of "free press" here
A Coalition or a Coup of Sexism
In the Free software community it's hard to avoid this issue
statCounter Sees GNU/Linux at New High of 6% in Bosnia and Herzegovina
GNU/Linux is measured at all-time high
To Celebrate Git Turning 20 Linus Torvalds is 'Selling Out' to Microsoft and Proprietary Software Which Attacks Git (E.E.E.)
He makes it seem like he's endorsing his attackers
Gemini Protocol Milestone (3,000 Active Capsules)
and a total of nearly 4,500
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 14, 2025
IRC logs for Monday, April 14, 2025
Gemini Links 14/04/2025: Silver Pigs and more Foundation, Disliking Computers
Links for the day
Hundreds of Microsoft Layoffs (Net Headcount Decrease) in the United Kingdom
headcount decreased
Links 14/04/2025: Russian Attack on Sumy Shows No Intention of Peace, Virgin Australia Admits Overcharging People
Links for the day
The Dilemma of Web Browsers Lying About What They Are (in Order to Bypass Discriminatory Gateways Like Clownflare) Worsens Due to LLM Slop
LLM crawlers/scrapers have made sites more restrictive and hostile towards browsers that are potent but not "famous"
What Really Matters to Companies is Net Income or Profit (Bankruptcy is Possible Even With High Revenue)
We ought to stop talking about revenue without focusing on actual profit
Carole Cadwalladr Talks About How Big Business Tried to Silence Her (and Why You Might be Next)
Our story is very different from Cadwalladr's for many reasons
Companies Conspiring to Keep Salaries Down and Undermine Competition
People who do all the practical work are being paid less and made to work for much longer
Links 14/04/2025: Disinformation, Public Disdain for LLMs, and "Lessons on Tyranny"
Links for the day
LLM Slop and SEO SPAM Take Us Further Away From Facts (the Case of IBM Layoffs)
Some of these can impact Red Hat as well
Gemini Links 14/04/2025: Ween and Historic Ada Project Management
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 13, 2025
IRC logs for Sunday, April 13, 2025
Influencers: Red Hat, Inc's IPO, 1999, post-mortem on the directed share offer to open source developer community
Reprinted with permission from Daniel Pocock