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

Georgia Institute of Technology (Georgia Tech) Formally Announces Upcoming Richard Stallman Talk
Room 100, Scheller College of Business
 
Links 08/01/2026: "Golden Smartphone" Scam and Riseup Account Issues
Links for the day
Links 08/01/2026: Possible "Collapse of NATO Over Greenland"; Journalistic Malpractice and "US Voters Hate Slop"
Links for the day
EPO People Power - Part XXVIII - A Sensitive Issue for Germany and The Netherlands
If Germans who read this series can communicate this to public officials or to their media, maybe they can strike a nerve and get the ball rolling
Age Discrimination at IBM Discussed Amid Mass Layoffs (Especially in the United States)
Workers are anxious. Are they next to face the axe?
Gemini Links 08/01/2026: Potentiometer Calculator, Power Outages, Why You Should Abandon Discord for IRC (e.g. Ergo), and Formatting Gopher Posts
Links for the day
Links 08/01/2026: More Software Patents Squashed, White House Repeats Misinformation From the Kremlin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 07, 2026
IRC logs for Wednesday, January 07, 2026
The Free Software Foundation (FSF) Looking to Add Associate Members
"Celebrate '26 by helping us reach our New Year's goal before Jan. 16: join as an associate member today. You will help the FSF remain strong and independent to empower technology users everywhere. Join us today and help us reach our goal of 100 new associate members!"
Only Google is Still Spreading Lots of Slopfarms' Fake News and Plagiarism About Linux
2 days' worth of Google News spewing crap out about "Linux"
Links 07/01/2026: Europe's 'Binding Commitments' on Ukraine's Security, "Venezuelan Leaders Project Independence"
Links for the day
Gemini Links 07/01/2026: Smart Toaster and Social Control Media Fatigue
Links for the day
Projection Tactics - Part II: Causing "Serious Harm" to Many People (Even Animals)
Narcissists and sociopaths are like that
Even Microsofters Now Speak About Microsoft Reportedly Planning to Sack 10% of Its Staff (as Early as This Month, or 2 Weeks From Now) as Real Income Falls
Microsoft buying from Microsoft isn't real income, it is accounting fraud
The four freedoms and GNU/Linux naming controversy, by Akira Urushibata
Social control media owned and run by 'broligarchs' keeps attacking RMS for insisting on names that include GNU
Crans-Montana, Le Constellation: journalists, victims' families, ProtonMail users at risk, police raids
Reprinted with permission from Daniel Pocock
GNU/Linux Reaches All-Time High in Tanzania
This month (and year) GNU/Linux is measured at an all-time high there, based on the data that statCounter can see
Open Source Initiative (OSI) Not Doing Its Job, Instead It's Promoting Microsoft Ponzi Schemes
it participates in Microsoft's Ponzi scheme, which helps Microsoft distract from or excuse the mass layoffs
Links 07/01/2026: Microsoft ChatGPT Killing People and Microsoft "Github monopoly is destroying the open source ecosystem"
Links for the day
The Register MS: Installing Free Software on Your Device is 'Sideloading'
This is a form of propaganda
Mass Layoffs in Microsoft's XBox Soon, Just Like We've Said for Months
IBM and Microsoft are heading in a similar trajectory and are hiding how bad things are using similar tactics
Mozilla's Assisted Suicide, Assisted by GNOME
Firefox is meant to get better all the time, but instead it gets worse
Now It's a Mainstream Media (MSM) Story: Microsoft Layoffs Coming, They'll be Vast (and They Blame "AI", As Usual!)
the books were cooked (accounting fraud) to hide what really went on
Frankly Getting Sick of Slop About "AI" (Slop)
Calling everything out there "AI" serves nobody and nothing but the Ponzi scheme
Stick to the Science, the Facts, the Observable Reality
Science is at the heart of this site
Africa's Search Market Has Been Unfavourable to Microsoft
In Africa, as we've just noticed, Bing is moving down, even more sharply this year
Slideshare is Slop
Be sure fools will rewrite history online
Gemini Links 07/01/2026: Looking at 2026, Linux Anti-Minimalism, Diode Function Generators, and Inkscape
Links for the day
Projection Tactics - Part I: What is "Serious Harm"? Or Whose?
the most serious harm was done to us
Links 07/01/2026: More Signs XBox the Console is Dead/Dying, Convicted Felon Repeats Threats of Greenland Annexation
Links for the day
EPO People Power - Part XXVII - Science- and Principles-First Journalism About Issues That Matter
journalism became so shallow that nowadays it can be replaced by bots
Media Gaslighting Dooms the Media
this "AI" gaslighting is done because publishers get paid to do so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 06, 2026
IRC logs for Tuesday, January 06, 2026
Gemini Links 06/01/2026: Collective Responsibility, Pico2DVI, and TV Detox
Links for the day
Microsoft Loves Freedom, Democracy... and Linux? No, Microsoft Laying Off Because "Microsoft Loves Linux" Was Failed Posturing, Its Former Staff Moves to GNU/Linux
"What are the running totals for IBM and Microsoft layoffs?"
GNU/Linux at 4% "Market Share" (Even According to Steam Survey)
Another milestone
Links 06/01/2026: Neglect of the Elderly, Abandonment of International Laws
Links for the day
Links 06/01/2026: More Reports Point to Mass Layoffs at Microsoft (Later This Month), Greenland/Denmark Cautions the Dictator Who Illegally Invaded Venezuela
Links for the day
Internet Policy/Net Reality: You Must Never Ever Rely on Google (no "S.E.O." Either)
Stack Overflow is dying
Ahead of Mass Layoffs Microsoft Tries to Rebrand or Redefine XBox (Because the XBox is Tentatively Dead)
2026 will be the last year of XBox in all likelihood
Richard Stallman (RMS) Announces His Georgia Talk 2.5 Weeks in Advance
A lot earlier than usual
Dr. Andy Farnell on Technology That Harms People (and Lack of Regulation Which is Needed to Address This Problem)
Dr. Farnell's article is long but well worth reading
GNU/Linux Rising to 5% in Cameroon and It's Hardly the Exception
"AI" is just a smokescreen as losses pile up
Rumours: Microsoft to Lay Off 12,500-25,000 Workers Soon (Tentatively Wednesday, 15 Days From Now)
"Layoffs are coming third full week of Jan. Likely 21st but these things can move around a bit based on last minute developments."
EPO People Power - Part XXVI - European Media Has Become Part of the Problem
it is as clear as daylight that Cocainegate is real
IBM 2026 "Organizational Change/s" Means Layoffs Resume Soon, Some Claim "Forever Layoffs."
It's about "narrative control"
Microsoft Layoffs in January 2026
Get ready
Google Still Boosting Slopfarms
Slopfarms will probably all perish as soon as Google News quits sending them visitors
Links 06/01/2026: Cryptocurrency Scam Emails and Greenland's Fear of Getting 'Venezuelad'
Links for the day
Links 06/01/2026: DIY Projects and Inertial Music
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 05, 2026
IRC logs for Monday, January 05, 2026