The Court of Justice of the European Union (CJEU) ruled last week on the Schrems II case, and invalidated the Privacy Shield agreement by which the United States and the European Union regulate transatlantic flows of personal data for commercial purposes. While the judgment appears to apply only to a specific subset of personal data and only to E.U.-U.S. data flows, its implications are global.
The ruling doesn’t affect all data
The court’s July 16 ruling limits transfer to the United States of E.U. citizens’ “personal data”, not other data flows. Within this category of personal data, the judgment is further limited, as it does not apply to “necessary” data transfers to the United States, such as emails or online travel or hotel bookings.… Seguir leyendo »
Thursday, in a landmark decision, the European Union’s top court invalidated the Privacy Shield, a key mechanism that businesses use for transferring personal data across the Atlantic. It also set clear limits on the other main tool that businesses use to transfer data: standard contractual clauses (SCCs). The Court of Justice of the European Union (CJEU) found that the Privacy Shield did not protect European citizens against U.S. surveillance and suggested that contractual clauses would work only for transfers of data to jurisdictions that had equivalent privacy protections to the European Union. This means trouble for Facebook and other similar companies that rely on these data flows as part of their business model, as well as other big companies.… Seguir leyendo »
Imagine that you’ve been struggling with a serious and fairly embarrassing personal problem. Putting aside a longstanding reluctance to address it, you finally consult a therapist. The therapist is friendly and welcoming and promises to protect your privacy. Gaining a sense of trust, you bare your soul, describing the issue you are struggling with in all of its painful detail.
Only later do you realize, to your horror, that your confessions were being recorded and retained by the therapist. It turns out that your therapist, to supplement his income, has gotten into the advertising business: He takes data gleaned from his patients and offers it to advertisers (or any other interested party) for a fee.… Seguir leyendo »
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