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EU data protection law after the Safe Harbour judgment

eulawanalysis.blogspot.com

21–30 of 80 posts

Re: EU data protection law after the Safe Harbour judgment

#21

Interesting tidbit: If you try to refer to this article with a link on Facebook, they will block you from posting it.

Hmm, does it still block it if you paste in a link that 301 redirects to the target? What about a page which at submission time returns a 200 and is changed to redirect to the article later on?

Re: EU data protection law after the Safe Harbour judgment

#23
There is one key issue that is routinely ignored. The US and other countries have two sets of data protection rules that govern police and security services. One set of rules for residents of that country (e.g. US persons) or domestic data and another much less stringent set or rules for everyone else.

So even if data protection rules were perfectly adequate in every single country on this planet, there would still be justified concern about transferring data across borders.

That's a situation that must change, and it can change without taking away the bowl of sweets from security agencies altogether (which will never happen).

Re: EU data protection law after the Safe Harbour judgment

#24

In general, this is a very good thing. The main outcome will be that more engineers will be needed to do more work to ensure that data is handled more carefully. The cost will be slightly reduced profits at companies that handle large volumes of data globally. What's bad about that?

Well, viable strategy now for many startups (also EU ones) using US infrastructure is to block all EU customers. How is that good?

Re: EU data protection law after the Safe Harbour judgment

#25
post #5

Earlier quoted context omitted.

If those companies can't remain profitable without being irresponsible with sensitive private data then maybe they shouldn't exist at all.

This isn't just an impediment to businesses that deal in selling "sensitive private data". It's an impediment to any business that has any data about its customers (e.g. delivery addresses). Unless I'm misunderstanding it?

Nope, more useless EU bureaucracy (stupid cookie popup) just to pretend that the NSA won't get (be given) the data by EU governments. Everyone thinks the cookie law is dumb, but there it is, constantly reminding everyone of their folly.

Re: EU data protection law after the Safe Harbour judgment

#26
post #19

I think there's a bit of a rush to panic about data balkanisation here; remember, this is not a ruling that applies directly to Facebook, but to the information commissioner of Ireland. There's no new policy and no court orders to do particular things. What's likely to happen is an extensive legal limbo. We may even end up with a special Snowden version of the cookie warning: "Data stored on this system is subject to…

IANAL, but I don't think it's that unclear; the ruling essentially said the Safe Harbour is void, and so the US is now just like any other non-EU country regarding the Directive, for which there probably already exists jurisprudence.

Re: EU data protection law after the Safe Harbour judgment

#28
post #12

Interesting tidbit: If you try to refer to this article with a link on Facebook, they will block you from posting it.

Very intresting. This is what I've got when trying to post it on facebook: You can't post this because it has a blocked link The content you're trying to share includes a link that our security systems detected to be unsafe: http://eulawanalysis.blogspot.com/2015/10/the-partys-over-eu... Please remove this link to continue. If you think you're seeing this by mistake, please let us know.

And other entries from the same guy can be posted without any problems. FB is saying that their "security systems" detected the link "to be unsafe", but comparing source of that particular post with other posts, I don't see any significant difference (except for the text, of course). Sounds like the text itself contains information which is unsafe (for FB).

Re: EU data protection law after the Safe Harbour judgment

#30
post #19

I think there's a bit of a rush to panic about data balkanisation here; remember, this is not a ruling that applies directly to Facebook, but to the information commissioner of Ireland. There's no new policy and no court orders to do particular things. What's likely to happen is an extensive legal limbo. We may even end up with a special Snowden version of the cookie warning: "Data stored on this system is subject to…

> We may even end up with a special Snowden version of the cookie warning

Depends. The courts might rule that that sort of "click-through" agreement is invalid and doesn't count as consent.

Update: Already happening. DPA of Schleswig Holstein: Transfer on the basis of Model Clauses unlawful. from https://twitter.com/CarloPiltz/status/654214641975984128

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