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

Slopwatch: LinuxSecurity, linuxconfig.org, and Plagiarised Phoronix
Many articles out there are nowadays fake
European Patent Office Illegally Gutting and Outsourcing Its Functions, Acting Like an Above-the-Law Commercial Business (It Won't Stop at Formalities Officers (FOs) and Classification Slop at the EPO)
breaking/violating laws and conventions
Links 19/09/2025: Lobbyist of American GAFAM Becomes Data Protection Commissioner in Europe
Links for the day
The Right to Punch People (Apparently)
At Brett Wilson, Brett's job title is "Head of Crime" and Wilson normalises calls for violence
 
Microsoft is Running Out of Time and Floating Fake Figures, Fake Projects, Fake Narratives, Fake Excuses
Also, a lot of Microsoft's "revenue" claims are circular financing (i.e. Microsoft buying from itself, which means Ponzi-like fraud)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 19, 2025
IRC logs for Friday, September 19, 2025
Gemini Links 20/09/2025: Navigating the Pressures of Modern Life and SpellBinding Accidentally Wrote Another Gemini Server
Links for the day
Links 19/09/2025: Press Freedom Dying in US, Anti-Austerity Strikes in France, and Alan Rusbridger to Leave 'Prospect'
Links for the day
Offloading to the Sister Site
In the interest of not overwhelming readers
Links 19/09/2025: Coffee Club and "SpellBinding is Now Absurdly Fast"
Links for the day
Links 19/09/2025: Media Freedom Ceases to Exist in US, "Consider Dropping Twitter/X"
Links for the day
Gemini Links 19/09/2025: Thinking and Insect Bites
Links for the day
Microsoft E.E.E.: Git Will Now (or Very Soon) Fully Depend on Rust, Which is Controlled by Microsoft
Microsoft now makes Git dependent on Rust, or making Git dependent on GitHub, which is proprietary
Slop or Fake Articles Have Turned Linux Journal From a Pioneering/Trailblazing "Linux" Magazine Into a Nuisance
some sites with former reputation - good reputation - turn into cesspools
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 18, 2025
IRC logs for Thursday, September 18, 2025
Brett Wilson LLP Seem to Have Had Only One Litigation Client in 2025, He Was Previously Charged, Just Like the Serial Strangler From Microsoft (Whom They Now Represent)
Karma is superstition, regulators are not
Project 2030 to Cover How "Project 2025"-Styled Anti-Media Zealots From America Targeted Techrights and Tux Machines
The common denominator is also their attacks on women
Brett Wilson LLP Failed to Meet Deadlines Set by Judge 7 Months Earlier, Tried to Ruin Our Holiday, Then Had the Audacity to Ask Us for Over 3,000 Pounds for Its Own Lateness
As a matter of principle we will never respond to assassin while we are on holiday
On Claims That After Bluewashing Red Hat Will Increasingly Become an Indian Company
Discussed this week (long and detailed)
Americans Attacking British Sites Only Months After They Leave America
We find it kind of funny if not ironic that this site, originally an American site, got legal harassment only from Americans and only months after it had moved to the UK
Despite Losing Over a Quarter Million Dollars a Year Software in the Public Interest (SPI) Gives Helping Hand to Libreboot
SPI's financial state depends a lot on its public image or its reputation
Slopwatch: Google Helps Plagiarism and Sends Traffic to Ripoff Artists
That Google as a company helps spamfarms is noteworthy
If You Want to Know the Future, Listen to the Free Software Foundation (FSF) and Andy Farnell
We're sure the FSF will have plenty of its own output
Links 18/09/2025: A Taliban Ban on Internet Access and Troubled US Job Market
Links for the day
Gemini Links 18/09/2025: Computer Literacy and Accessing Alhena's Database
Links for the day
Links 18/09/2025: US War on Media (Truth Banned, Cancel Culture by the Hard Right), NYT Chief Executive Warns Cheeto is Deploying ‘Anti-press Playbook'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 17, 2025
IRC logs for Wednesday, September 17, 2025