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>But the court wasn't asked to decide about the actions of the intelligence agencies, it was asked to decide on a lawsuit against Facebook. You're right, and a

>But the court wasn't asked to decide about the actions of the intelligence agencies, it was asked to decide on a lawsuit against Facebook. You're right, and as the basis of its ruling it decided that intelligence agency action caused a violation of the law. Given that intelligence agencies in the EU were willing partners in NSA spying in clear violation of US and EU law it stands to reason that much of the EU is similarly incompatible with these laws. Why can we store data in Germany when the BND is shipping your data to the NSA, but not America, where the NSA is doing it first hand (and might be doing it on its own in Germany anyways)?

icebraining 11y ago
Why can we store data in Germany when the BND is shipping your data to the NSA, but not America, where the NSA is doing it first hand (and might be doing it on its own in Germany anyways)? For the same reason we could store data in the US right until this decision.
pjc50 11y ago
The legal action has only just got going: https://www.amnesty.org/en/press-releases/2015/04/amnesty-international-takes-uk-government-to-european-court-of-human-rights-over-mass-surveillance/ https://www.amnesty.org/en/press-releases/2015/04/amnesty-in...
toyg 11y ago
Because a German citizen has several ways to make the BND accountable through the legal system, including voting to change such legal system; but he has no recourse against the NSA (short of starting a war). You are mixing political responsibility and legal responsibility.
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- Aloisius 11y ago
  I'm not entirely clear on the EU's legal structure. Does an Italian citizen have ways to hold the BND accountable for accessing their personal data held in Germany? I assume an Italian citizen can't vote to change Germany's legal system.
  - wongarsu 11y ago
    An Italian citizen can hold Germany accountable for implementing and enforcing EU privacy laws and directives (through the EU courts). If that doesn't give him sufficient legal standing he can vote for representatives to pass stricter EU legislation.
vidarh 11y ago
If the BND is allowed to do things that places Germany in violation of EU law, then that is an issue, yes, but it is an issue that was out of scope of what the court was asked to consider.

icebraining 11y ago

Why can we store data in Germany when the BND is shipping your data to the NSA, but not America, where the NSA is doing it first hand (and might be doing it on its own in Germany anyways)? For the same reason we could store data in the US right until this decision.

pjc50 11y ago

The legal action has only just got going: https://www.amnesty.org/en/press-releases/2015/04/amnesty-international-takes-uk-government-to-european-court-of-human-rights-over-mass-surveillance/ https://www.amnesty.org/en/press-releases/2015/04/amnesty-in...

toyg 11y ago

Because a German citizen has several ways to make the BND accountable through the legal system, including voting to change such legal system; but he has no recourse against the NSA (short of starting a war). You are mixing political responsibility and legal responsibility.

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Aloisius 11y ago
I'm not entirely clear on the EU's legal structure. Does an Italian citizen have ways to hold the BND accountable for accessing their personal data held in Germany? I assume an Italian citizen can't vote to change Germany's legal system.
- wongarsu 11y ago
  An Italian citizen can hold Germany accountable for implementing and enforcing EU privacy laws and directives (through the EU courts). If that doesn't give him sufficient legal standing he can vote for representatives to pass stricter EU legislation.

vidarh 11y ago

If the BND is allowed to do things that places Germany in violation of EU law, then that is an issue, yes, but it is an issue that was out of scope of what the court was asked to consider.