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> which set the now unchallenged precedent that data which remains in the EU but is subject to US legislation that allows access by US public authorities consti
by mytailorisrich 1y ago
> which set the now unchallenged precedent that data which remains in the EU but is subject to US legislation that allows access by US public authorities constitutes a transfer.
Not at all.
Again, this is only about privacy shield and actual transfers to the US.
> It's simply unreconcilable with the ECHR Right To Privacy and GDPR.
That's the FUD I was talking about considering that this is exactly the same situation as access by EU-based law enforcement.
EU is playing politics and is tangling itself in unworkable legislation.
- closewith 1y ago> Not at all. Again, this is only about privacy shield and actual transfers to the US. You are wrong on this. The CJEU ruled that making EU data “available” to an entity in a third country is a transfer, and the European Data Protection Board subsequently clarified that remote access from a third country triggers the GDPR transfer rules.