Today’s decision is the continuation of long legal battle between European privacy law and United States surveillance law. The scope of the verdict is narrowed to personal data that is being voluntarily outsourced to the US from the European Union. Nonetheless, today’s ruling will have consequences for EU businesses and will change the transfer of vast amounts of personal European data outside of its legal protection and thus provide safeguards against misuse.
US Surveillance laws such as the Patriot act or the FISA 702 law tilt the balance between privacy and security one-sidedly towards security and government control and go against the protections provided to all Europeans by our Fundamental Charta and GDPR laws. Even more worrying, The United States government is currently in the process of de facto destroying end-to-end encryption in its jurisdiction by requiring a backdoor to all encrypted communication in the proposed “EARN IT ACT” My letter to the US Senate against the act or the newer “Lawful Access to Encrypted Data Act”. Unlimited, warrantless access to private data is not and will never be conform to our European rules and norms.
The ECJs judgment today shows that companies in the European Union cannot simply bypass our data protection laws. They cannot break our fundamental rights enshrined in Article 7 and Article 8, by outsourcing the processing of personal European data to the United States. The end of Privacy Shield is a wakeup call to Facebook and other US companies. Today is a big triumph for every European citizen as the ECJ defends our fundamental values. Thank you, Max Schrems and noyb for spearheading this process.