politics

EU aims for data transfer deal with Japan, South Korea

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The European Commission is wrong on this. I support data localisation not only because of privacy concerns but also because it forces companies like Google, Facebook, Amazon etc to set up local data centres in Europe. This makes it more difficult for them to completely weasel out of paying tax or ignoring court rulings by claiming to be based entirely offshore.

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I think this is a good idea, our company has separate data centres set up in Europe solely for EU clients, which is inefficient and is a massive market entry barrier

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Unlikely that a consensus can be agreed with EU states that value protection of personal data. Directive 95/46/EC October 95 law regulates the processing of personal data. Article 4 and 6b (scroll) are explicit, Article 4 covers national provision relating to member states national law .Article 6b, legitimacy for collection and safeguards.

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A31995L0046

Cross-Border Data Transfers – Unlocking the EU General Data Protection Regulation - Rec.56-57; Art.25(1)-(6), 31(2) covers cross-border Data Transfers to a recipient in a third country.

http://www.whitecase.com/publications/article/chapter-13-cross-border-data-transfers-unlocking-eu-general-data-protection

The EU/US data-transfer framework pact has failed to address flaws in the safe harbour agreement that basically allows US and EU firms to bypass EU data transferral rules by failing to comply with EU privacy standards in the collection and storage of information on US servers. The ECJ struck down the entire pact in a 2015 ruling.

The new Privacy Shield deal affecting (facebook, google etc etc) does not address security and privacy concerns.

This Reuters article has neglected to report EU countries that abstained from implementation of the new deal......... Expect human right lawyers to be queuing round the block at the ECJ. The so called, provisional "Umbrella Agreement," lacks accountability for onward transfer, plus the vague and ambiguous privacy ombudsman mechanisms falls way short of providing effective oversight or redress.

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