ECJ has killed Safe Harbour.
It’s a black eye for the Irish Data Protection Commissioner anyway, but that’s the least of it.
I’m not sure anyone truly understands the implications of this for global commerce yet. Major implications for all US multinationals operating in Europe, and even local companies using US-based services – even Gmail.
either we give consent (like the cookie notice) that our data is going to the USA and beyond the control of the EU.
or, the EU gets to roll out massive grantrepreneur programs to create eurogoogle and eurofacebook
You can’t give consent (roughly speaking), because you can’t consent to give away your fundamental right to freedom from blanket surveillance.
Max Schrems has more: europe-v-facebook.org/EN/Com … ponse.html
Reading that, it’s a little troubling how big a decision this is (though unsurprising under European law). Basically you cannot trust any US-based company since they are not permitted, by US law, to admit that they transfer data to the NSA. This includes any non-US company that uses a storage facility in the US or a storage facility operated by a US company (e.g. Amazon, Google, Microsoft clouds).
This particular situation is currently the subject of a court case (by Microsoft) and is not decided yet. We can only hope it’ll go the right way…
Right, but that’s a separate issue. That’s one of jurisdiction. Microsoft isn’t allow fight the case about the NSA taking data from Irish datacentres because it is illegal for Microsoft to admit that the NSA can take such data. It is a secret program. The Microsoft case is just about who has jurisdiction over the data location - the US government is claiming jurisdiction to any data held overseas by any corporation that operates in America (it appears). Microsoft is resisting this.
Unfettered access is clearly a bad thing, but, as we see for example with Swiss banking secrecy, relying on national access is also a bad thing, since that sets up data silos that can never be accessed. I don’t think that’s healthy either. So, like with privacy, access needs to be proportionate, I reckon, and above board. If the price of travelling by airplane is that the US government knows about and tracks your movements (it is), you should know that to be the case before you buy a ticket, so you can go by boat instead (they know about that too)… eh, or go and be ripped off in Kerry (it’s a plot by the Kerry tourist board to have their shoddy, overpriced product the only one left where nobody cares to track you).
The way I understand it, if MSFT win then they don’t have to give the NSA access to the data held in Europe. I’m not completely up to speed though.
my company is building another datacentre here at head office rather than in Ireland or elsewhere in E.U. for those who don’t want the US state sponsored spying organisations to get access to it and also another datacenter in US for those US companies which need their data stored within the U.S. borders.
Whatever the laws are, the perception has to be there that your data is secure. Ireland isn’t perceived as a secure location and is loosing business.
Due to the Irish Data Commissioner’s role in the safe harbour E.U. court case no major E.U. company could trust them to keep business critical information safe.
No, it’s the US courts asking for the data in the MSFT case, not the NSA. The NSA already have it
Yes but isn’t that because they currently claim the legal authority to do so for any US corporation. If MSFT win they will no longer have that. They’ll still get the data of course but they’ll have to work for it
Well, if it had been MI5, somebody would probably have left it on an unencrypted laptop on a train by now and Heaven knows who’d have it.
Government should bring in twitter tax for the sake of public health
On a lighter note, one of Facebook’s endless attempts at presumptuous censorship and nannying gets shot down.
Phuc Dat Bich: Australian with ‘misleading’ name thanks supporters
Twitter was down for two hours this morning. Global productivity must have soared!
Double bonus for Ireland – boards.ie is down too.
yeah what’s up with boards down… into it’s second day now. Starting to look like boards might be leaner and meaner upon it’s return!
Miss Marple would have a problem finding the culprit with so many people having motive after having been banned from that site for the silliest of reasons.
Obama: If government can’t crack encryption, then people are walking around “with a Swiss bank account in their pocket.” - -> twitter.com/CNBCnow/status/708414144181972992
The front put up is always about pornography and terrorism, the real agenda always has been revenue gathering.
This now answers the question as to why he skipped Nancy Regans funeral for a industry music festival.