by pumkesjaan on 4/24/22, 5:55 PM with 37 comments
by tims33 on 4/24/22, 7:32 PM
[0] https://noyb.eu/en/privacy-shield-20-first-reaction-max-schr...
by turbinerneiter on 4/24/22, 7:26 PM
I have seen similar things in German legislation, where the government tried to pass data retention laws that were cancelled by the constitutional court over and over again.
The rules of business in the EU are such that the user has to have a certain control over the data a company has on them. The US rules giving law and intelligence access to this kind of data are fundamentally incompatible with that.
Either the EU changes their rules, the US changes theirs (granting EU citizens some form of recourse) or the companies change where they store their data.
Instead, they write agreements that will never hold up in court.
by dataking on 4/24/22, 7:07 PM
This is mostly a plug for their EU-compliant alternative to Google Analytics.
by lmkg on 4/24/22, 7:09 PM
Schrems II is the EU court case that struck down the Adequacy Decision. The heart of the decision is the correct and accurate observation US law enforcement can compel a company to hand over data about an EU individual, and that EU individual has no recourse. There have been a series of court cases since Schrems II which expand upon the logical consequences of this ruling. Short version is, not only is the adequacy decision gone, but none of the other options in GDPR will work either. It is literally not possible to adequately safeguard personal data in the US, because there are no redress mechanisms to improper access from US law enforcement.
There have been high-level talks about "Privacy Shield 2.0," and there were some announcements from both US and EU government agencies about a milestone in those talks. The linked article is making it clear, correctly, that the observable substance of those agreements extends no further than the name "Privacy Shield 2.0" The details of how this agreement will work are important. There is no evidence that such details exist, even in the form of smudged handwritten notes on the back of a used cocktail napkin.
The EU and US have agreed that they would like it if something called Privacy Shield 2.0 were to exist in the future. That's great, I would like that as well. But we don't have one.
This article is content marketing from Simple Analytics. Their marketing spin is that if you're deciding what Website Analytics solution to buy, you should not pin your hopes on Google Analytics being acceptable under GDPR in the near- or medium-term future. As someone whose professional interests mean I pay a lot of attention to both GDPR and Google Analytics, I think that statement is accurate.
by kkfx on 4/24/22, 8:18 PM
On the other side EU commission prove to be as oppressive and not representative of their Citizens interests as USA Gov for USA Citizens witch means that beside the formal democratic dress the substance is a neoliberal economically-driven dictatorship who tend as fast as it can to the Chinese model. We still have less ineffective justice, more protective norms, but differences are waning more and more. Swapping crappy and bad USA services that at least are battle tested with more crappy and even worse EU services does not help Citizens at all.
For me until enough intellectual and techies rise training enough common citizens to IMPOSE BY LAW mandatory FLOSS and mandatory open hardware that makes the actual model not really sustainable we will not get anything really better.
It's like those who flee GitHub for GitLab because "we do not want Microsoft" as if any other for-profit company would be better by magic. The real target should be surpassing the actual web model. not swapping an evil actor with another who being based on the very same principles will clearly be the very same.