Re:Ireland to Order Facebook to Stop Sending User Data to U.S.
by Nasrudith on Wednesday September 09, 2020 @09:47PM
(#24428095)
The concept is still worryingly dangerous given the precedent of "Can't move data outside our jurisdiction" could easily be applied to limit security and ensure snooping instead of preventing it. Given the usual habits and hypocrisies trusting them as far as you can throw them remains wise.
Re:Ireland to Order Facebook to Stop Sending User Data to U.S.
by jkaplowitz on Thursday September 10, 2020 @12:53AM
(#24428998)
Sure, but even now they're not saying "Can't move data outside our jurisdiction". They're just saying "if you move data outside our jurisdiction, you must put in place suitable safeguards to protect our residents' privacy - and this requirement is currently impossible to meet in the US". There are enough third countries worldwide where the laws would allow, for instance, the Standard Contractual Clauses plus suitable due diligence in practice by the parties concerned to make legal transfers outside of the EU.
The EU still allows transfering data to other third countries if suitable protections can be effectively put in place, whether through some governmentally agreed program like what Privacy Shield tried to do or through Standard Contractual Clauses. They simply view the laws in the US as too hostile to most of their residents' data privacy rights. ("Most" instead of "all" because US citizens have more protections under US law even when living in Europe.)
So, while sure it is a kind of border, it's a "privacy-protected vs privacy-dangerous" border rather than a blanket "us vs them" border. Or, phrased another way, it's not a border as a goal, but rather preventing the nature of the internet from overriding their separate privacy goal. I am fine with that attitude.