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I do not understand if or how the physical location of the servers matters. As I remember, the EU-US data sharing agreement was killed (Schrems II) because of
by piaste 3y ago
I do not understand if or how the physical location of the servers matters.
As I remember, the EU-US data sharing agreement was killed (Schrems II) because of the US CLOUD Act, which infamously doesn't care where the data is stored - as long as the company is under US jurisdiction, it has to let the government snoop at will.
So, it seems to me that Facebook putting data on EU servers wouldn't matter? A three-letter agency could still go to their SV office and legally demand "give me an API key to query through your Irish datacentre and don't tell anyone". To protect EU citizens from that, the Facebook servers in the EU should treat non-EU FB servers exactly like third parties, using OAuth or similar restricted access protocols.
- detaro 3y agoI don't think Schrems II mentioned the CLOUD ACT.
- di4na 3y agoNo as it was pursued before it. There are not yet any enforcement or complaint i know targeting the CLOUD Act because everyone agree it would be unenforceable right now. Try to have an EU tech scene without Microsoft, Azure, Google, Google Cloud or AWS. Or Salesforce. Datadog. Etc It will take time until this one get enforced.
- Nemo_bis 3y agoActually, there are several enforcement actions which mention the CLOUD Act. https://gdprhub.eu/index.php?search=%22cloud+act%22&title=Special%3ASearch&go=Go https://gdprhub.eu/index.php?search=%22cloud+act%22&title=Sp...
- iruoy 3y agoMicrosoft made it work for governments/universities. But not the rest of us. https://www.privacycompany.eu/blogpost-en/new-dpia-for-the-dutch-government-and-universities-on-microsoft-teams-onedrive-and-sharepoint-online https://www.privacycompany.eu/blogpost-en/new-dpia-for-the-d...
- whiplash451 3y agoNot sure to understand why the US Cloud Act is « infamous » in that respect. It would make little sense to let companies operating under US jurisdiction store their data in unsearchable data havens outside of US territory. The act has to be fully actionable.
- hnfong 3y agoI'm neutral on the wording, but imagine every country has an equivalent law like that...