Today, the European Data Protection Board issued new recommendations for companies transferring data out of the E.U., in light of #SchremsII. The recs make clearer than ever that E.U.-U.S. transfers are in trouble, given the breadth of U.S. surveillance: edpb.europa.eu/sites/edpb/fil…
The EDPB specifically calls out Section 702 of FISA, which is in conflict with E.U. law. The report states that companies can transfer data under Standard Contractual Clauses only if they ensure that U.S. government access to the data under 702 is "impossible or ineffective."
That's an extraordinarily high standard. Most companies can't meet it, even if they encrypt data at rest.
The only path forward for E.U.-U.S. data transfers is comprehensive U.S. surveillance reform, as @PatrickCToomey, Kate Ruane, and I explain in @just_security today: justsecurity.org/73321/the-futu…. In the meantime, U.S. companies will continue to bear the costs.

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Ashley Gorski

Ashley Gorski Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @ashgorski

12 Nov
Yesterday, the European Data Protection Board issued guidance that makes it virtually impossible to transfer data from the EU to the US for backup or processing, due to the breadth of US surveillance. It's a big deal: edpb.europa.eu/sites/edpb/fil… Image
For context: in July 2020, the EU's highest court struck down "Privacy Shield," an EU-US agreement that facilitated data transfers for more than 5,300 US companies. Its decision was based on the scope of US surveillance and lack of legal remedies for unlawful spying.
Under EU law, companies need a legal basis to transfer data out of the EU. The EU court's analysis made clear that other potential mechanisms for transfers, such as Standard Contractual Clauses (SCCs), would no longer work for the US, given the problems with US law.
Read 7 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!