European Court of Justice Rules Against Safe Harbor

The European Court of Justice ruled that sending personal data to the US violates their right to privacy:

The ruling, by the European Court of Justice, said the so-called safe harbor agreement was flawed because it allowed American government authorities to gain routine access to Europeans’ online information. The court said leaks from Edward J. Snowden, the former contractor for the National Security Agency, made it clear that American intelligence agencies had almost unfettered access to the data, infringing on Europeans’ rights to privacy.

This is a big deal, because it directly affects all the large American Internet companies. If this stands, expect much more pressure on the NSA to stop their indiscriminate spying on everyone.

The judgment. The court’s press release. A good summary of the decision and the issues involved. Intercept article.

EFF blog post. Commentary by Henry Farrell.

Commentary by Max Schrems, who started this proceeding. More commentary by someone involved with the proceedings.

Even more commentary.

EDITED TO ADD (10/13): Quick explanation.

EDITED TO ADD (10/15): Schrems on the decision and what it means.

Posted on October 7, 2015 at 7:27 AM • 90 Comments