Posts Under: Data Flows

European Court of Justice’s Decision on the Schrems Case is a Blow to Transatlantic Data Flows

Yesterday, the European Court of Justice (ECJ) handed down its decision on the Schrems Case, a lawsuit against Facebook regarding data privacy.  The court’s decision determined that the U.S. – EU Safe Harbor Agreement is invalid.  This decision will create legal uncertainty for over 4,400 companies in the Safe Harbor as they may no longer use the Safe Harbor as a basis for transferring data between the United States and the European Union.  Upon news of the decision, SIIA issued its comments to voice deep concern about its effects on data flows and digital trade.

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A Better Way to Think About the Microsoft-Ireland Case

The Microsoft Ireland case goes before a Second Circuit Court of Appeals on September 9.  The case raised this fundamental question: when U.S. law enforcement wants a U.S. email provider to provide them with information about a foreign national, whose law applies?  U.S. law or the law of the data subject’s country?  Microsoft’s brief, the United States brief, and legal commentary all focus on the location of the data as the key element in reaching a decision.  But this leads to insoluble difficulties, not matter who wins the case. A better alternative would focus on the citizenship or the location of the user as the key element.  This appropriately takes into account the privacy interest of the user in that country as well as the sovereignty interests of the country itself.

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SIIA Participation in July 2 Berlin Data Conference

I spoke on July 2 in Berlin at a conference organized by the German Standards Agency (DIN) on “Data protection in the EU and Germany – Impediment or basis of our digital future.”  SIIA was one of the sponsors of this important event.  DIN put together a terrific program with a good blend of proponents of European data protection approaches and perspectives from industries in the forefront of data-driven innovation.

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Transatlantic Partners See Opportunity in the Digital Space

The narrative on transatlantic digital economy relations is often focused on the differences, rather than the excitement, that many see in the European Union and the United States for the contribution that Internet-enabled commerce, based on free data flows, can make in generating growth and employment.  Without downplaying the differences – there are issues both sides must work through – the reality is that what unites us transcends what divides us.

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SIIA Sets Its Legislative Priorities for 2015

A new Congress and a reinvigorated Administration mean legislation of interest to SIIA’s members is likely to pass in 2015.  We intend to be pro-active and vigilant to ensure that this legislation responds to the broad public interest, including preserving and advancing the business interests and opportunities of SIIA’s member companies.

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A Way Forward on Data Flow Trade Discussions in TTIP

“I fully agree with that,” was the response by Antonio de Lecea, Minister of the EU Delegation to the United States.  IBM’s Steve Stewart had just expressed the view that an EU –US trade agreement resulting from the negotiations on the Transatlantic Trade and Investment Partnership (TTIP) would be an effective place to create a good template for binding rules on cross border data flows.

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