EU & US Forage New Data-Transfer Rules, Much to the Chagrin of One Irish Man

Susanne.Posel-Headline.News.Official- eu.us.privacy.shield.data.transfer.pact.max.schrems.01_occupycorporatismSusanne Posel ,Chief Editor Occupy Corporatism | Media Spokesperson, HEALTH MAX Group

 

According to a press release , the European Union (EU) and the United States (US) have reached an agreement on data-transfers.

Called Privacy Shield, this accord concerns thousands of companies, including social media sites and customer services and governs the transfer of consumer data across the Atlantic.

This “smooth transition” replaces the Safe Harbor pact that was struck down last year by a European high court.

Safe Harbor was a pathway for data transfer that an estimated 4,000 tech corporations have come to depend on but all of that has changed.

Five years ago the EU adopted privacy principles set up by the US Department of Commerce (DoC) under the guise of “providing adequate protection for the purposes of personal data transfers from the EU.”

Three years ago, Max Schrems filed a legal complaint with the Irish courts, citing the collection of data on European users syphoned by Facebook. The case gained clout and ended up at the European Court of Justice (ECJ) because of the questions it raised about privacy rights.

In court it was shown that Facebook was sharing digital communications from EU citizens with the National Security Agency (NSA).

Schrems was able to prove that Bill Hawkes, commissioner for data protection for the Irish government, “wrongly interpreted and applied the law governing the mass transfer of personal data of Facebook users to the NSA.”

And most shocking, Schrems was able to prove that these data exchanges between the NSA and Facebook were in direct compliance with Safe Harbor – thereby showing that the law was the back door access the NSA needed to legalize their surveillance programs.

The initial ruling stated that “enhanced threat to national and international security from rogue States, terrorist groups and organized crime, disclosures regarding mass and undifferentiated surveillance of personal data by US security forces, and the advent of social media” is being used to justify complete surveillance on the public in every country.

The “main development of the legal perspective” for protecting data is outlined in the Article 8 of the Charter of Fundamental Rights (CFR) of the EU; however Schrems states that Hawkes “did not adhere to the requirements” of the law and behaved with “scrupulous steadfastness” as far back as 1995.

Considering the established animosity toward Safe Harbor, it is no surprise that the Irish Times published an op-ed piece demonizing the Privacy Shield pact written by Max Schrems himself.

Schrems rants on about how the Privacy Shield rules “allows the sharing of your data for very broad and generic purposes, such as ‘for all services we may provide to you and others’’ and how this pact “actually gives companies a general blanket approval to use the personal data of any person under the sun.”

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