Fidest – Agenzia giornalistica/press agency

Quotidiano di informazione – Anno 32 n° 250

Posts Tagged ‘safe harbour’

“Safe Harbour” ruling: Civil Liberties MEPs to debate data transfer protection

Posted by fidest press agency su martedì, 13 ottobre 2015

european commissionThe European Court of Justice’s 6 October ruling that the “Safe Harbour” agreement on data transfers to the US is in fact unsafe will be debated by Civil Liberties Committee MEPs on Monday afternoon. The court found in favour of Max Schrems, who argued that Facebook transfers of EU citizens’ data to the US does not afford the adequate protection required by EU law. The committee debate will be based on a presentation prepared by Parliament’s Legal Service. Austrian citizen Max Schrems brought a case arguing that Edward Snowden’s revelations of the US National Security Agency’s PRISM data collection programme, under which EU citizens’ data held by US companies was passed on to US intelligence companies, calls into question the adequacy of the data protection afforded by the Safe Harbour agreement.After the ruling, Civil Liberties Committee Chair Claude Moraes (S&D, UK) called on the
to act immediately to provide clarity and proper data protection standards for data transfers to the US.The European Parliament has repeatedly called for the suspension of Safe Harbour, most recently in its 2014 resolution on the surveillance carried out by the NSA.

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Safe Harbour ruling: The Commission must act now to ensure clarity and safety for citizens and businesses

Posted by fidest press agency su giovedì, 8 ottobre 2015

european commissionThe European Commission has failed to ensure a solid data protection framework for the transfer of EU citizens’ data to US companies. As a result citizens and businesses alike are left with an unclear legislative patchwork after today’s ruling of the European Court of Justice declaring the Commission adequacy decision invalid, says Civil Liberties Committee Chair Claude Moraes (S&D, UK), calling for immediate action from the Commission to provide clarity and proper data protection standards for data transfers to the US.Statement from Civil Liberties Committee Chair, Claude Moraes (S&D, UK), after the European Commission’s initial response to the Safe Harbour ruling:
“The Commission’s initial response to the European Court of Justice decision to invalidate the Safe Harbour agreement is disappointing as it lacks any real concrete update on what it intends to do regarding replacing the Safe Harbour framework.Despite the fact that the Commission has been in negotiations with the US on reform of the Safe Harbour for nearly two years, we have still not received any update on the negotiations or the impact that this decision will have on the discussions. Given that the European Court of Justice has invalided the Safe Harbour framework immediately, it is also regrettable that the Commission has not specified a timeframe for the conclusion of these discussions.It is unfortunate that the Commission did not follow up on the European Parliament’s repeated calls to suspend the Safe Harbour framework as this would have allowed it to implement transitional measures over a period of time. Instead, as the European Court of Justice ruling takes effect immediately, the issue has become urgent resulting in the need for the Commission to provide immediate clarity to companies who are uncertain as to how they can continue to transfer EU citizens’ data to the US as well as to provide guidelines to the national data protection authorities.Of course, the flow of EU citizens’ data will continue and there are other alternatives that business can use, including standard contractual clauses or binding corporate rules. This shows that the judgement will not result in a dramatic stop to data flows across the Atlantic with serious economic impact – instead it shows that it is possible to continue with data transfers and at the same time implement a framework that will protect EU citizens’ data when being transferred to the US and ensure they have equivalent safeguards to those that exist in the EU.Both the message from the European Parliament and from the European Court of Justice have been clear: the Safe Harbour framework does not protect European citizens private data when being transferred to the US as the EU Charter and EU law require. Now the responsibility to remedy this solution is with the Commission. It must act without delay to fill this void”.

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Data deal with US must be immediately suspended and replaced by new

Posted by fidest press agency su mercoledì, 7 ottobre 2015

The European Commissioneuropean commission must immediately suspend the ‘Safe Harbour’ framework with the US and initiate a new, secure data protection framework that will guarantee the rights and privacy of European citizens, says the Chair of the European Parliament Civil Liberties Committee, Claude Moraes, following today’s ruling of the European Court of Justice in the case regarding Facebook’s transfer of EU citizens data to the US.Civil Liberties Committee Chair Claude Moraes (S&D, UK) statement on the European Court of Justice ruling declaring the Commission’s US Safe Harbour decision invalid:”I welcome the European Court of Justice decision today as it finally backs up the repeated calls from the European Parliament for the suspension of the US Safe Harbour framework on the grounds that it does not ensure the adequate level of protection required by EU data protection law.Compared to the strong, enforceable data protection legislation that exists in the EU, Safe Harbour offers completely inadequate protection for EU citizens using services from US companies. The Snowden disclosures threw into the spotlight these inadequacies in particular as it does not provide any protection from mass surveillance activities as it contains a national security exemption which has never been clarified. However, there were also concerns prior to the Snowden revelations given that it is a non-binding agreement which lacks compliance by companies and gives no possibility for citizens to enforce their rights.
The decision by the European Court of Justice today, declaring the invalidity of the Safe Harbour agreement, forces the European Commission to act in order to ensure that transatlantic transfers of personal data of EU citizens to companies in the US offer the continuity of protection required by EU law and come up with immediate alternative to Safe Harbour. The Commission has been in negotiations with the US for over a year on improving the framework but we have still received no update on these discussions.The Commission must immediately put forward a new complete and strong framework for transfers of personal data to the US which complies with requirements of EU law as enshrined in the Charter of Fundamental Rights and EU data protection rules and provide our citizens with solid, enforceable data protection rights and effective independent supervision.”

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