Facebook and Company can no longer transfer data of European Union citizens under Privacy Shield because this undermines the data protection guaranteed by the GDPR.
A landmark decision for privacy rights by the European Court of Justice invalidates Privacy Shield – a US-EU agreement. Privacy Shield was passed to give Silicon Valley tech companies easier access to the European market. This special arrangement for US companies is now null and void. If the US wants to re-establish a similar agreement, they first need to drastically change their surveillance laws.
One major problem that the EU court pointed out is that data of foreigners is not protected in the USA. The protections that are there – even if limited – only apply to US citizens. The NSA can get full access to any and all data of non-US citizens from Facebook at any time. In addition, non-US data subjects have no actionable rights before the courts against the US authorities, which violates the “essence” of certain EU fundamental rights, the ECJ found.
Details may be found in an article at https://tutanota.com/blog/posts/privacy-shield-invalidated/
Categories: Legal Affairs