BRUSSELS – The EU Court declared invalid the decision of the EU Commission that the United States provide an adequate level of protection of personal data. From now on Facebook you can refuse to “retain” the US data subscribers. The lawsuit was filed by an Austrian citizen after Datagate.
The EU court, in its long and complex argument, notes that the needs of US national security “prevail on the safe harbor regime” to which undergo the private data of European citizens transferred to the US “so that US companies are required to set aside, without limitation, the protection regulations laid down.” Facebook collects it on a server based in Ireland user data in Europe and from there they moved to the US. As a result “the American regime the Safe makes it so possible interference by public authorities in the fundamental rights of the American people.”
In addition, a system such as the US that “authorizes on a general conservation of all the personal data of all persons whose data are transferred from the EU to the United States without having made any differentiation, limitations or exceptions according to the purpose and without the set objective criteria designed to limit the access of authorities public data and its subsequent use “can not be considered” limited to what is necessary “as required by European law on the retention of personal data.
For Luxembourg, then,” legislation that allows public authorities access in a general manner to the content of electronic communications must be considered detrimental to the essential content of the fundamental right to respect for private life “.
For the Guarantor for privacy, Antonello Soro,” the Court of Justice EU puts at the heart of the United theme of fundamental rights “. Now “we need a coordinated response at European level, even by Trustees, and at this time we are considering the most effective ways to identify common guidelines”. According to the Ombudsman, with the judgment of today the European Court of Justice shall transmit to the center “the need for fundamental rights, the most important data protection, are also protected against those who use them outside the borders of Europe.” “The Court – continues – strongly reaffirmed that it is unacceptable that the fundamental right to data protection, today enshrined in the Charter and the EU Treaties, is compromised by forms of surveillance and access of all indiscriminate by authorities of third countries, which does not comply with the European legal data protection. “
” It ‘s also important to stress – continues Soro – that this judgment, together with the recent rulings of the European Court, confirms that the Court increasingly intends to call on the European institutions and the Member States to a real and concrete respect of the principles enshrined in the Charter of Fundamental Rights of the EU. The Court reminds all parties that the landscape has changed with the rights’ input of the Charter as part of the EU’s founding treaties, and that all instruments and Community acts, past and present, must be looked at with new eyes, through the lens of the Charter. ” “It ‘s the same vein, for that matter – still supports the Guarantor – in which moves the” data protection package “with the future General Regulation and the Directive” police and justice “: both strengthen, among other things, rights of stakeholders in the EU and powers of national data protection “.
The Commission, then, establishing with its decision of 2000 that the US guaranteed an adequate level of privacy protection, it has deprived the national supervisory authorities of their powers. Consequently, it is now the Irish authority control “examine the complaint” of the Austrian national Maximilien Schrems who turned to it “with all due diligence and that it is up at the end of its investigation, to decide whether, under the directive, it must suspend the transfer of data recorded Europeans to Facebook to the United States because that country does not offer a level of protection of personal data properly “. Consequently, they explain in Luxembourg that “Facebook will be able to retain the US prohibit the personal data of subscribers”.
THE VIDEO OF JUDGMENT
protect personal data allowing the continuation of their flows to the US with a coordination of national competition authorities, waiting to continue negotiations with the United States have already started on the revision of the approach followed so far. This position of the European Commission after the judgment of the EU Court
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