Since the Snowden disclosures we know that the US engages in mass surveillance of EU users by scooping up personal data from US Big Tech. The “Privacy and Civil Liberties Oversight Board” (PCLOB) is the key US oversight authority for these laws. The New York Times now reports, that Democratic Members of the (officially “independent”) PCLOB, have received letters, demanding them to resign by Friday night. This would bring the number of appointed Members below the threshold to have PCLOB operate and question the independence of all other executive redress bodies in the US.
The European Union has relied on these US boards and tribunals to find that the US provides “adequate” protection of personal data. Relying on PCLOB and other mechanisms, the European Commission allows European personal data to flow freely to the US in the so-called “Transatlantic Data Privacy Framework” (TADPF). Thousands of EU businesses, government agencies or schools rely on these provisions. Without TADPF, they would need to stop using US Cloud Providers like Apple, Google, Microsoft or Amazon instantly.
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Noyb-founder and lawyer Max Schrems:
“I can hardly see that a Biden Executive Order that was forced upon the US by the EU and regulates US espionage abroad would survive in Trump’s logic. The problem is, that not just US Big Tech, but especially normal EU businesses all rely on this system of instable papers to argue that using US cloud systems is legal in the EU.”
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Despite all facts, criticism by the European Parliament and the EU Data Protection Authorities, the European Commission has consistently argued that the TADPF is solid and sound. The EU business lobby pushed for a deal - no matter how unstable or wacky. Equally, US Big Tech wanted to stay on the EU market without any technical limitations in relation to US government access. Now everyone from large banks, entire national school systems to many small businesses may wake up to a legal situation, where the use of US cloud products is soon illegal.
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Max Schrems: “While the arguments for the EU-US deal seem to fall apart, companies can rely on the deal as long as it is not formally annulled. However, given the developments in the US, it is more crucial than ever for any [EU] business or other organisation to have a ‘host in Europe’ contingency plan.”
[Edit typo.]
Wouldn’t be the worst thing. I don’t mind the EU cooperating with USA but we’ve been piggybacking too comfortably off many US “services” when it comes to consumer tech and the military. That way we forgot to build something on our own in case of “Europe’s Saviour” turning into a political (if not, yet, military) enemy.