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Nothing to do with warrants. And this was done by the highest level of EU courts, overriding the commission (which allowed data to be transferred) The decisio
by AndrewDucker 5y ago
Nothing to do with warrants. And this was done by the highest level of EU courts, overriding the commission (which allowed data to be transferred)
The decision is here: https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:62018CJ0311 https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:62...
And it's all about warrantless surveillance.
"As regards the limits on intelligence activities, the referring court emphasises the fact that non-US persons are covered only by PPD‑28, which merely states that intelligence activities should be ‘as tailored as feasible’. On the basis of those findings, the referring court considers that the United States carries out mass processing of personal data without ensuring a level of protection essentially equivalent to that guaranteed by Articles 7 and 8 of the Charter."
and
"As regards judicial protection, the referring court states that EU citizens do not have the same remedies as US citizens in respect of the processing of personal data by the US authorities, since the Fourth Amendment to the Constitution of the United States, which constitutes, in United States law, the most important cause of action available to challenge unlawful surveillance, does not apply to EU citizens."
So, basically, the US security services can hoover up data about EU citizens, and those EU citizens aren't allowed any legal redress about it. Which, unsurprisingly, they aren't okay with.
- viro 5y ago> So, basically, the US security services can hoover up data about EU citizens, and those EU citizens aren't allowed any legal redress about it. Which, unsurprisingly, they aren't okay with. Nothing about this stops that. Like I said to the other person this is protectionism. Requiring every US-based tech company to duplicate its infrastructure in the EU, Which in turn gives EU competitors an unfair advantage.