Crossroads Blog | Institute National Security and Counterterrorism

international law

Actual ECJ Decision Ruling Safe Harbour Invalid

The Court of Justice of the European Union (ECJ) recently announced its decision regarding the Safe Harbour System.  The full decision from the ECJ can be found here.

ecj

A press release from the Court summarizing the decision is here:

ECJ - Safe Harbour Opinion

Key points from the ECJ decision include (among others):

  • Safe Harbour does not adequately protect EU Citizens’ data
  • EU Citizens have no legal recourse against the misuse of their data by the U.S.
  • Revelations from Edward Snowden and specifically the PRISM program raise some serious concerns with the ECJ
  • Data stored in the U.S. can be trumped by U.S. security and law enforcement interests which is not acceptable to the ECJ

 

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