ECJ confirms: Personal data not safe under Safe Harbour

Met dank overgenomen van S.H. (Sophie) in 't Veld i, gepubliceerd op dinsdag 6 oktober 2015.

The ALDE Group in the European Parliament welcomes the ECJ ruling in the case C-362/14 Maximillian Schrems v Data Protection Commissioner which declares the personal data-sharing arrangements between the EU and US (Safe Harbor) invalid. Liberals and Democrats reiterate their call for the immediate repeal of Safe Harbor and calls on the European Commission to make a statement on the way forward.

Sophie In' t Veld, ALDE first vice-president and ALDE spokesperson for data protection, said: "Today's ECJ ruling is the nail in the coffin of Safe Harbour. For years now it has been clear for all to see: Safe Harbour does not provide any meaningful privacy protection for EU citizens. It only provides legal clearance for companies to conduct business across the Atlantic. But it is a travesty of legality.

"The European Parliament has called for the repeal of Safe Harbour. Legal experts have called for the repeal of Safe Harbour. Now the highest court in the European Union has declared Safe Harbour invalid. Will the Commission finally understand it has been pulling a dead horse by insisting it can make Safe Harbour work?"

"We need clear rules to govern the transfer of personal data to the US and other non-EU countries. But they must be legally watertight, provide real and meaningful protection, and there must be proper enforcement. Like Data retention, Safe Harbour is yet another example of bad legislation and bad enforcement".

I hope lessons will be drawn from this and the push for unsound laws, that do not pass the test of legality and constitutionality, will end. We cannot always expect judges to repair sloppy legislative work by politicians looking for easy and popular measures".