CJEU Issues Judgment on Schrems II Case

canopic jug writes:

The CJEU (Court of Justice of the European Union) issued its judgment on the Schrems II case, formally called Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems (Case C-311/1). The gist is that US companies are now put back to an average status, same as most others, with no special access to EU data due to operating in the US. It will take a while before the decision is published at the government site. Max himself has also issued his first statement on the CJEU judgment, notably that the European Commission bowed to US pressure and that now reform of US surveillance is unavoidable:

US Surveillance reform is unavoidable - CJEU just says it out loud

The Court was clear that the far-reaching US surveillance laws are in conflict with EU fundamental rights. The US limits most protections to "US persons", but does not protect the data of foreign customers of US companies from the NSA. As there is no way of finding out if you or your business are under surveillance, people also have no option to go to the courts. The CJEU found that this violates the 'essence' of certain EU fundamental rights.

Schrems: "The Court clarified for a second time now that there is a clash between EU privacy law and US surveillance law. As the EU will not change its fundamental rights to please the NSA, the only way to overcome this clash is for the US to introduce solid privacy rights for all people - including foreigners. Surveillance reform thereby becomes crucial for the business interests of Silicon Valley."

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