Tuesday, 6 October 2015

European Court Finds Safe-Harbour Agreement Between US And EU Invalid

ECJ C - 362 / 14

The European Court of Justice has found the Safe-Harbour Agreement between the European Union and the United States to be invalid.
In its decision the court confirms the right and obligation of the national data protection agencies in the EU to probe any transfer of personnel data from the EU to the US. It holds that the EU Commission has no power to restrict the competency of the national data protection agencies in the EU. According to the court the Safe-Harbour rules contain no restrictions of the rights of US agencies to access and process the data. The Safe-Harbour agreement therefore does not prevent violation of basic rights of the affected individuals. It also provides no effective procedures for the individuals to seek legal protection.  

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