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I don't want my data in the hands of the NSA as much as you don't want yours in the hands of the BND, FSB, or the People's Liberation Army.

by foepys 3y ago

supriyo-biswas 3y ago
Fair enough, but this were actually the reason, simply adding a statement such as “if a non-EU member state wants to request data about an EU national and said data cannot be released to the law enforcement of the non-EU member without a MLAT being served to the EU national’s government” would have been enough. However, I don’t see that, and many Europeans do give “dominance of Americans” as the reason, so I simply go by the information available to me.
- closewith 3y ago
  Are you aware of the history of this case and the CLOUD Act? The CLOUD Act requires US based companies to comply with US requests for data even when that data is stored exclusively outside the US. It's in direct conflict with the GDPR.
- bryanrasmussen 3y ago
  Fair enough, but if this were actually sufficient then the US wouldn't have a law saying they can require US based companies to give them the data without regards to the laws of their countries the data is actually being taken from. However I don't see that, and thus Europeans familiar with the relevant cases give “dominance of Americans” as the reason.
- pyrale 3y ago
  Someone has not heard about CLOUD act. The European Comission has repeteadly tried to figure out a framework that would let US providers access EU markets safely, respecting EU laws. Every single attempt has been broken because there is no way for an US company to respect EU law and also comply with the CLOUD act. The bit of law you suggest would essentially make it impossible for a company to respect both EU law and US law.
Aerroon 3y ago
I would rather the NSA get my data than the BND though. But GDPR doesn't protect me from the latter. The intelligence agency at home is always a bigger threat to you than any foreign actor.

I don't want my data in the hands of the NSA as much as you don't want yours in the hands of the BND, FSB, or the People's Liberation Army.

by foepys 3y ago

I don't want my data in the hands of the NSA as much as you don't want yours in the hands of the BND, FSB, or the People's Liberation Army.

supriyo-biswas 3y ago

Fair enough, but this were actually the reason, simply adding a statement such as “if a non-EU member state wants to request data about an EU national and said data cannot be released to the law enforcement of the non-EU member without a MLAT being served to the EU national’s government” would have been enough. However, I don’t see that, and many Europeans do give “dominance of Americans” as the reason, so I simply go by the information available to me.

closewith 3y ago
Are you aware of the history of this case and the CLOUD Act? The CLOUD Act requires US based companies to comply with US requests for data even when that data is stored exclusively outside the US. It's in direct conflict with the GDPR.
bryanrasmussen 3y ago
Fair enough, but if this were actually sufficient then the US wouldn't have a law saying they can require US based companies to give them the data without regards to the laws of their countries the data is actually being taken from. However I don't see that, and thus Europeans familiar with the relevant cases give “dominance of Americans” as the reason.
pyrale 3y ago
Someone has not heard about CLOUD act. The European Comission has repeteadly tried to figure out a framework that would let US providers access EU markets safely, respecting EU laws. Every single attempt has been broken because there is no way for an US company to respect EU law and also comply with the CLOUD act. The bit of law you suggest would essentially make it impossible for a company to respect both EU law and US law.

Aerroon 3y ago

I would rather the NSA get my data than the BND though. But GDPR doesn't protect me from the latter. The intelligence agency at home is always a bigger threat to you than any foreign actor.