Restrictions on NSA surveillance powers have been imposed by the recently enacted USA Freedom Act
The transfer of European citizens' personal data to the United States is currently governed by the General Data Protection Regulation (GDPR) and the contested EU-US Data Privacy Framework. These rules have been the subject of ongoing legal developments that could significantly affect transfer practices in the near future.
The EU-US Data Privacy Framework, designed to replace earlier invalidated agreements like Privacy Shield, allows for easier legal transfers of EU personal data to the US. However, it faces legal challenges in the EU General Court, with a judgment expected in September 2025 that could potentially annul it. This development could cause significant disruption for transatlantic data transfers.
If the EU-US Data Privacy Framework is invalidated, US companies will need to switch to other GDPR-compliant transfer mechanisms such as Standard Contractual Clauses (SCCs), which impose contractual obligations to protect EU personal data despite the lack of an adequacy decision.
Meanwhile, the USA Freedom Act, signed by President Obama in 2015, has brought changes to US privacy laws. The Act bans bulk collection of U.S. cellphone and Internet data by the National Security Agency. However, it does not address the NSA's collection of foreign Internet data from U.S. sources.
The Foreign Intelligence Surveillance Court, responsible for overseeing requests for surveillance warrants under the USA Freedom Act, is required to declassify its most important decisions under the new law.
This legal saga in European courts over the adequacy of US privacy protections for European personal data has been ongoing. The Irish High Court in Dublin is currently hearing a case about US privacy protections and surveillance policies. The case is part of a broader saga involving tech giants like Facebook and Google.
The controversy surrounding US privacy protections and surveillance policies has been heightened by the revelations made by Edward Snowden, a former National Security Agency contractor who exposed top-secret American surveillance systems. Snowden, who has been granted Russian citizenship by Putin, faces potential conscription under Russian law, unless he has health problems or falls under exceptional circumstances.
The invalidation of the EU-US Safe Harbor and the EU-US Data Privacy Framework by the European Court underlines the need for the US to tighten up its privacy laws to meet European standards. The right to privacy, considered a basic human right, remains a crucial issue in this debate.
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