Private data security

European Union: Court Of Justice – Safe Harbor Invalid

The huge volume of information held about European citizens in the United States, particularly by US tech companies, has been a concern for some time. These concerns were heightened by the Snowden revelations, which continue to cast a long shadow over transatlantic privacy relations.

The Court of Justice has now ruled that Safe Harbor is invalid (Schrems C-362-14). This enormously popular scheme was used by thousands of US companies offering cloud computing, whistleblowing hotlines, social media and other services but no longer provides a justification for transfers of personal data to the US.

The Court came to this conclusion not because of potential misuse by commercial organisations that are part of Safe Harbor, but instead because of access to that personal data by US government, particularly its intelligence agencies. This conflicts with the rights to privacy and data protection under the Charter of Fundamental Rights.