jm + privacy + dpc + eu   3

Tech companies like Facebook not above the law, says Max Schrems
“Big companies didn’t only rely on safe harbour: they also rely on binding corporate rules and standard contractual clauses. But it’s interesting that the court decided the case on fundamental rights grounds: so it doesn’t matter remotely what ground you transfer on, if that process is still illegal under 7 and 8 of charter, it can’t be done.”


Also:
“Ireland has no interest in doing its job, and will continue not to, forever. Clearly it’s an investment issue – but overall the policy is: we don’t regulate companies here. The cost of challenging any of this in the courts is prohibitive. And the people don’t seem to care.”


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ireland  guardian  max-schrems  privacy  surveillance  safe-harbor  eu  us  nsa  dpc  data-protection 
october 2015 by jm
ECJ case debates EU citizens' right to privacy
The US wields secretive and indiscriminate powers to collect data, he said, and had never offered Brussels any commitments to guarantee EU privacy standards for its citizens’ data. On the contrary, said [Max Schrems' counsel] Mr Hoffmann, “Safe Harbour” provisions could be overruled by US domestic law at any time.
Thus he asked the court for a full judicial review of the “illegal” Safe Harbour principles which, he said, violated the essence of privacy and left EU citizens “effectively stripped of any protection”.
[Irish] DPC counsel Paul Anthony McDermott SC suggested that Mr Schrems had not been harmed in any way by the status quo. “This is not surprising, given that the NSA isn’t currently interested in the essays of law students in Austria,” he said.
Mr Travers for Mr Schrems disagreed, saying “the breach of the right to privacy is itself the harm”.
ireland  dpc  data-protection  privacy  eu  ec  ecj  law  rights  safe-harbour 
march 2015 by jm
Merkel call for data protection rules puts Ireland in spotlight - Technology News
Irish Times on EU unhappiness with Ireland's "light touch" data protection regime:
Hawkes’s appearance last month on RTÉ’s Morning Ireland regarding the US Prism surveillance programme, since posted to YouTube, reheated lingering resentment among many European data authorities. His admission that he “knew in a general way” about such programmes and didn’t “regard this particular revelation as particularly new” was a red rag to his European colleagues who fear Ireland is the transmission point of wholesale EU data to the US.
eu  ireland  data-protection  privacy  billy-hawkes  regulation  dpc 
july 2013 by jm

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