European Court of Justice (ECJ) – highest judge decision on data privacy rule
could put additional barriers for data flow from EU to America. Since the late
1990s, under safe-harbour, EU data is allowed to flow to the US with proper
safeguards provided equivalent EU data protection rules were instituted, no
other third parties that are non-compliant, and as long as opting out is
available. That's where it ends (or begins) since self-certification has
demonstrated that deficiencies exist and false compliant were reported by the
European Commission in 2013.
EU sees personal data as a fundamental right whereas US considers it consumer
protection – allowing exceptions in the name of national security. These
differences were brought to bear when Yves Bot (court advocate general) stated
his opinion that "America's data-protection rules are inadequate and the
safe-harbour pact should be suspended." The Economist
The EU court's decision on the matter could be rendered on October
6th and could have far reaching affects with existing data flow of
private data and increased cloud services that cross country philosophies. Other
related strain in the political mix include: (a) American Congress holding on
the Judicial Redress Act - legislation that would allow EU citizens to sue in
American courts for privacy violations and (b) Umbrella Agreement which allows
personal data to be exchanged between country law enforcement agencies. Data
protection rules is trying to catch up with the times but these negotiation and
proposals on the tables may further limit data sharing, institute fines based on
revenue for violation and may require independent data-protection officers to
rule on privacy.
Many sources of the EU data protection so here's one reference – Directive 95/46/EC
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