Sony Pixel Power calrec Sony

Safe No More: Is the Sun Setting on the US-EU Data Privacy Law? by Beany Choi

12/05/2015

*(Note: if you are a financial institution or telecom company and not regulated by the US Federal Trade Commission, you can relax now. None of this applies to you. But it's going to be a pretty interesting read if you want to stick around anyway.)

Are you a US company that does business in Europe? Is your company considering expanding into the EU in the near future? If the answer to either of these questions is yes*, and if any of your business activities require you to transfer personal data about EU citizens to the US, then you should absolutely keep reading. Because right now in Europe, a lone activist is leading a very credible effort to take down the US Safe Harbor framework that is your company's spring board into the multi-billion dollar European trade stream. To understand what is happening in Europe and how it affects both businesses and electronic data management here in the US, two basic questions need to be answered. First, what is Safe Harbor, and second, why is it so important?

If you manage electronic records that originate in Europe, then you are probably familiar with the term Safe Harbor. But if you aren't familiar with it, the following mini-history lesson will get you up to speed. The right to privacy is, for Europeans, a fundamental and deeply-rooted human right. Privacy rights in Europe were enshrined in national law long before the mass electronic transfer of personal data became commonplace. In 1995, the EU published Data Protection Directive 95/46/EC to regulate and protect the privacy of its citizens with regard to the processing of personal data. The Directive prohibits any transfer of personal data to a country outside of the EU unless the destination country can ensure that the data will receive adequate protection. Speaking broadly, the US takes a comparatively laissez-faire approach to personal data and privacy. Because of this, the European Commission considers that existing US data privacy laws do not provide EU-standard data protection. To bridge the gulf between the two regulatory paradigms, the US-EU Safe Harbor Framework was created as a streamlined way for US companies to certify that they will handle personal data in accordance with the Directive and EU privacy laws.

Now for the second question-why is this so important? The nucleus of this story seems fairly unremarkable: nothing more, yet nothing less, than the electronic flow of personal data that quietly streams in almost incalculable volumes from Europe to America every single day. Personal data is not something that most of us spend a great deal of time thinking about, but it is a Big Topic (and a Big Asset) that is growing at a viral rate. When the Directive was issued in 1995, few people could have imagined the insanely lucrative commercial value of personal data in 2015, nor the exponentially-increasing warp speed with which personal data is now created and moved. If you are a US company that does business in Europe, but you use servers located in the US to process some or all of your data, European data will have to travel to the US for processing. However, barring a few exceptions, you would not be able to legally transmit any data that contains personal information about EU citizens to the US unless your company had officially joined the US-EU Safe Harbor program. In our techno-centric 21st century economy, the transatlantic flow of electronic data, and increasingly personal electronic data, is the life blood that supplies oxygen to much of the US-EU system of commerce. The Safe Harbor framework-a framework that underpins a huge and ever-increasing portion of the billions of dollars of trade between the US and EU-is the heart that keeps the data flowing.

Having established the context and the importance, we now turn to secrets, spies and surveillance programs. It is unusual for an article about a serious threat to transatlantic trade to have any legitimate basis for referencing what appears to be a haphazard mash-up of spy fiction clich s. But each of these tropes is a part of the frankly gripping real-world drama unfolding right now. And it all started with Edward Snowden. As most people know, in 2013 former NSA contractor and whistleblower Edward Snowden fled to Hong Kong with a laptop full of classified NSA documents, which he then deliberately leaked to the media and a horrified global audience. This data included details of the NSA's top-secret PRISM surveillance program, which clandestinely collects internet communications from some of the US's biggest internet service providers. As data were collected on both US and foreign nationals including Europeans, the Snowden revelations sparked outrage and controversy in Europe over the violation of personal privacy. Consequently, the Safe Harbor program was viewed with increasing suspicion, as the leaks called into doubt the ability of the framework to protect the privacy rights of Europeans. In response, the European Commission announced a review of Safe Harbor in 2013, but ultimately no decisive action was taken toward reversing or suspending the Safe Harbor program. As 2013, 2014, and then 2015 wore on with few concrete repercussions, the immediate threat to Safe Harbor appeared to diminish. This turned out to be a deceptive calm. Because even as the furor over Snowden's revelations descended to a murmur, a young Austrian named Max Schrems was preparing to challenge both the institution of Safe Harbor and a giant of the techno-economy.

As a law student doing a semester abroad in California's Silicon Valley, Max Schrems attended a lecture given by Facebook's privacy attorney Ed Palmieri. From Schrem's point of view, Palmieri's talk seemed to reveal a surprising lack of understanding of European data protection laws. Schrems began to investigate Facebook's privacy practices, and what he f
LINK: http://blogs.ironmountain.com/2015/service-lines/records-management-an...
See more stories from ironmountain

Most recent headlines

06/10/2025

France Tlvisions Wins Prestigious 2025 EBU Technology & Innovation Award in Groundbreaking Collaboration with Dalet

France T l visions, France's leading broadcaster, has received the 2025 EBU ...

04/09/2025

Monumental Sports & Entertainment and Dalet Win Prestigious 2025 NAB Show Project of the Year Award

Monumental Sports & Entertainment (MSE), in collaboration with Dalet, has been a...

30/06/2025

Discover Weekly Turns 10: Celebrating 100 Billion+ Tracks Streamed and a Decade of Personalized Discovery

There's nothing quite like the magic of finding music that feels made just f...

30/06/2025

Spotify's Editors Pick Their Best Songs of the Year (So Far)

When it comes to new music, Spotify's team of editors across North America is always on the hunt for songs that make them feel, think, and move. They're...

30/06/2025

SBS On Demand boosts global news offering with launch of France 24 FAST Channel

SBS On Demand boosts global news offering with launch of France 24 FAST Channel 30 June, 2025 Media releases SBS is expanding its international news offeri...

30/06/2025

The Forsytes Season 2 Commissioned by MASTERPIECE on PBS

Star Studded Ensemble Cast Are Joined by Richard Rankin as Filming Begins on the Second Season [June 12, 2025 - Boston, MA]: The Forsytes, Debbie Horsfield...

30/06/2025

Artemis II Mission Advances with Successful RS-25 Engine Checkout Tests

The Artemis II Space Launch System core stage is integrated with the solid rocket boosters inside High Bay 3 of the Vehicle Assembly Building at NASAs Kennedy S...

30/06/2025

WRAL-WRAZ Raleigh Names Heather Gray as VP and GM

RALEIGH, N.C. Capitol Broadcasting Co. has named Heather Gray vice president and general manager of WRAL-TV and WRAZ-TV here....

30/06/2025

VAB Awards JJ Freeman Engineering Award to Bill Sewell of WTKR/WGNT

The Virginia Association of Broadcasters has recognized Bill Sewell, Director of Engineering at WTKR & WGNT in Norfolk, Va. as the recipient of the 2025 J.J. Fr...

30/06/2025

SBE Recruits 49 New Members

The Society of Broadcast Engineers said its annual member drive resulted in the recruitment of 49 individual members....

30/06/2025

Avid Releases Full Integration of MediaCentral, Wolftech News

BURLINGTON, Mass. Avid today released its fully integrated news platform, uniting MediaCentral and Wolftech News in a single newsroom solution, and will demonst...

30/06/2025

FCC Fines Sinclair $500,000

WASHINGTON The Federal Communication's Enforcement and Media Bureaus have entered into a Consent Decree with Sinclair Broadcast Group to resolve a variety o...

30/06/2025

Qu-Bit announce the Bloom v2

Eurorack sequencer module reimagined California-based modular synth innovators Qu-Bit have announced the launch of a new module that offers a fresh new take...

30/06/2025

Berklee at Umbria Jazz Clinics to Host 40th Anniversary Concert

Berklee at Umbria Jazz Clinics to Host 40th Anniversary Concert The celebration will be held on July 10 in Perugia, Italy. By Colette Greenstein June 30, 202...

30/06/2025

PremiumBeat Tips and Tricks

PremiumBeat Tips and Tricks Brie Clayton June 30, 2025 0 Comments When editing to impress, you'll need quality music, and if your studio happens t...

30/06/2025

Techivation launch T-De-Esser Pro Mk2

Improved dynamic behaviour, improved audio quality & more Techivation have announced the release of an upgraded edition of their very first premium plug-in,...

30/06/2025

German premiere with live flight demonstration: German industry team showcases electromagnetic combat from the air

German premiere with live flight demonstration: German industry team showcases e...

30/06/2025

Beln Cuesta and Karra Elejalde Star in 'El nio', the New Film by Mariano Barroso

Back to All News Bel n Cuesta and Karra Elejalde Star in El ni o, the New Film ...

30/06/2025

A New Dangerous Troll Awakens: Netflix Unleashes Teaser for 'Troll 2'

Back to All News A New Dangerous Troll Awakens: Netflix Unleashes Teaser for Troll 2Play Video Play Video Entertainment 30 June 2025 GlobalNorwayDenmarkSwe...

30/06/2025

The Focusrite Summer Sale is now on

The Focusrite Summer Sale is now on Don't miss unbeatable deals on Scarlett, Vocaster, and more. Whether you're an artist, a producer, or a podcaste...

30/06/2025

Yellowstone origin story 1923 starring Harrison Ford and Helen Mirren comes to RT One and RT Player

All 8 episodes of Season 1 of 1923 will be available on RT Player from Tuesday ...

30/06/2025

Thales 2025 Global Cloud Security Study Reveals Organizations Struggle to Secure Expanding, AI-Driven Cloud Environments

Facebook Twitter LinkedIn 52% report AI security spending is displacing tr...

30/06/2025

Thales Alenia Space to develop SOLiS very-high-throughput laser communications demonstrator

Facebook Twitter LinkedIn Cannes, June 30th, 2025 - Thales Alenia Space, t...

29/06/2025

Roland introduce the Mood Pan

Handpan-inspired instrument announced Roland have announced the launch of the Mood Pan, a unique electronic hand percussion instrument that has been designe...

29/06/2025

A Secret Society, Ritualistic Killings, and a Century-Old Curse Netflix and YRF Entertainment's 'Mandala Murders' Premieres July 25

Back to All News A Secret Society, Ritualistic Killings, and a Century-Old Curs...

28/06/2025

Press Release: NFVF Marks Youth Month by Empowering Future Creatives Through Film & TV Bursaries

Johannesburg, 27 June 2025 - As the nation commemorates Youth Month 2025, the N...

28/06/2025

FCC Chair Brendan Carr Promises Very, Very Busy, Productive Summer

WASHINGTON In a press conference following the Federal Communications Commission's May Open Meeting, Chair Brendan Carr promised the agency would move rapid...

28/06/2025

Spectrum Awards $1.1 Million in 2025 Spectrum Digital Education Grants

STAMFORD, Conn. Charter Communications has awarded $1.1 million in Spectrum Digital Education grants to 55 nonprofit organizations that work to expand access to...

28/06/2025

Sonnet Announces Echo 20 Thunderbolt 4 SuperDock Now Veri...

LAKE FOREST, Calif. June 19, 2025 What's New: Sonnet Technologies today announced the certification of its Echo 20 Thunderbolt 4 SuperDock as an Engin...

28/06/2025

IDC Names MASV One of Three Most Innovative Companies in...

MASV (massive.io), the fastest and most reliable large file transfer platform for media professionals, has been named an IDC Innovator in the IDC Innovators: Me...

28/06/2025

TV SKYLINE Expands Live Production Capabilities with Late...

Grass Valley today announced that TV SKYLINE GmbH, one of Europe's top mobile production providers, has expanded its camera inventory with 30 LDX 135 UHD/HD...

28/06/2025

AgileTV has been selected to develop and implement LIWEST...

AgileTV, a European leader in TV and video technology solutions, signed an agreement with Austrian telco LIWEST to develop and implement its TV service in Austr...

28/06/2025

Scaler 3.1 update from Scaler Music

Music theory plug-in updated Three months on from the release of the latest version of their renowned music theory plug in, Scaler Music have launched an up...

28/06/2025

The 48th Annual Indian National Finals Rodeo Shot with Blackmagic PYXIS 6K

The 48th Annual Indian National Finals Rodeo Shot with Blackmagic PYXIS 6K Brie Clayton June 27, 2025 0 Comments Filmmaker Cameron Mackey relied on Bl...

28/06/2025

Social, Streaming Don't Compete, They Compliment

Social, Streaming Don't Compete, They Compliment Andy Marken June 27, 2025 0 Comments I think we've all arrived at a very special place. Spir...

28/06/2025

Blackmagic Design Captures Filipino Rock Band Drama Singtala

Blackmagic Design Captures Filipino Rock Band Drama Singtala Brie Clayton June 27, 2025 0 Comments Blackmagic URSA Mini Pro 12K and DaVinci Resolve St...

28/06/2025

Enhance Videos Faster with Aiarty Video Enhancer - Offline, Sharp, and Natural

Enhance Videos Faster with Aiarty Video Enhancer - Offline, Sharp, and Natural Brie Clayton June 27, 2025 0 Comments If you've used AI video tools...

27/06/2025

Give Me the Backstory: Get to Know Eva Victor, the Writer-Director Behind Sorry, Baby

By Jessica Herndon One of the most exciting things about the Sundance Film Fest...

27/06/2025

Spotify Launches K-Pop Performance Video Series . . . Next Up, TWS

K-Pop remains one of the biggest genres globally, and many fans just can't get enough of it. That's why Spotify has launched a new series of K-Pop perf...

27/06/2025

Family Cybersecurity CEO: Protecting Kids, Parents, and My Sanity From Scams

In our latest blog post, Rafael Rivera highlights the rising threat of online scams, and the important role cybersecurity plays in protecting families across ge...

27/06/2025

FCC Sets Comment Deadlines on Proposed Foreign Ownership Rules

WASHINGTON The Federal Communications Commission has set deadlines for comments to a notice of proposed rulemaking (NPRM) to codify certain foreign ownership re...

27/06/2025

FCC Chair Brendan Carr Promises Very, Very Busy, Productive Summer'

WASHINGTON In a press conference following the Federal Communications Commission's May Open Meeting, Chair Brendan Carr promised the agency would move rapid...

27/06/2025

Klevgrand introduce Walls reverb plug-in

From grounded realism to bending, impossible geometries Klevgrand have announced the release of a new algorithmic reverb plug-in which they say deconstruct...

27/06/2025

GIK Acoustics: Room EQ Wizard Tutorial

Learn to use REW for room analysis Acoustic treatment is one of the most important factors in any studio, and with the extensive range of products available...

27/06/2025

HDMI Forum Introduces v2.2 of the HDMI Specification

SAN JOSE, Calif. The HDMI Forum has released Version 2.2. of the HDMI Specification with 96Gbps bandwidth and next-gen HDMI Fixed Rate Link technology to provid...

27/06/2025

TV Skyline Expands Live Production Capabilities with Grass Valley Cameras

MONTREAL Grass Valley has announced that TV Skyline GmbH, one of Europe's top mobile production providers, has expanded its camera inventory with the acquis...

27/06/2025

Fubo Adds Weigel Broadcasting's Networks

NEW YORK & CHICAGO FuboTV Inc. and Weigel Broadcasting Co. have announced a multi-year agreement for distribution of seven networks including MeTV, H&I, Movies!...

27/06/2025

Americans' Favorite Pastime is Watching TV

NEW YORK A national survey of U.S. consumers shows 66% of us watch TV all or most of the time and also multitask while doing it....

27/06/2025

Sunbeam, Findal Media Ink Deal to Broadcast ABC Miami

MIAMI Sunbeam Television has reached a multiyear agreement with Findal Media & Technology Group to broadcast the new ABC Miami beginning Aug. 4....

27/06/2025

AccuWeather Signs Weather Data Deal with AI Search Provider Perplexity

STATE COLLEGE, Pa. AccuWeather has announced a deal with Perplexity, a AI-powered search and answer engine, that will bring AccuWeathers weather data and severe...