Facebook also attributed a statement attributed to its associate general counsel, Eva Nagle, who wrote: „We welcome the decision of the European Court of Justice to confirm the validity of the standard contractual clauses for the transfer of data to third countries. These are used by Facebook and thousands of companies in Europe and offer important guarantees for the data protection of EU citizens. What we see here is eerily similar to a trade war in the area of privacy, where Europe says that we can trust their data standards, but that we cannot trust them in the United States. In a case against internet giant Facebook, the European Court of Justice in Luxembourg ruled that the Privacy Shield data transfer agreement does not adequately protect European data from US surveillance and security laws and is therefore not valid. „In today`s ruling, the European Court of Justice reaffirmed that the right of European citizens to data protection is fundamental,“ she said. „It also confirms what the Commission has said on several occasions, namely that what we have been working on when personal data from Europe travels abroad must remain safe.“ „Given the complexity of many of the legal issues before it, the judgment (and indeed the case as a whole) has many levels, each of which needs to be scrutinized in the coming days and weeks,“ the regulator warns, adding: „[T]he application in practice is that the application of CSC`s transfer mechanism to the transfer of personal data to the United States is now questionable. This is a subject that needs further review, not least because assessments need to be done on a case-by-case basis. The EU-US Data Protection Framework Agreement concluded in December 2016 introduced strong data protection safeguards for transatlantic law enforcement cooperation. It contains a comprehensive set of data protection rules, which applies to all transatlantic exchanges between enforcement agencies. It will also strengthen law enforcement cooperation by facilitating the exchange of information. This will achieve the dual objective of cooperating with our US partners to combat serious crime and terrorism, while promoting the level of protection of Europeans, in accordance with their fundamental rights and EU data protection legislation. „We have many adquacy decisions with different partners, so it will be very important to analyse the situation to see if there are some improvements in different processes that we have in different third countries,“ he said to a reporter. „In discussions with the UNITED Kingdom…
we are trying to understand the data protection situation after January 1 of next year, and that is what we are discussing. We want more information about that,“ he said. In a response released at about the same time, U.S. Commerce Secretary Wilbur Ross said he was deeply disappointed by the verdict – but said the department would continue to manage the Privacy Shield program, including processing submissions for self-certification and recertification and maintaining the current list (which previously included private data Cambridge Analytica).
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