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Writing these lines I feel like the journalist I always wanted to be. Although I think that at the time I am going to publish the post, it is not going to be a scoop at all. Even so, I think it is interesting to write an entry in relation to this matter, due to the relevance of the resolution and because it can be called historical. Today, october 6, 2015, the judgment issued by the court of justice of the european community in the so-called “schrems case” has been published , which basically declares decision 2000/520/ec adopted by the european commission invalid and therefore giving it the "Coup de grace" to the so-called safe harbor agreement. Perhaps some, after reading the previous paragraph, are wondering what the hell I am talking about and what significance that could have.
I try to explain it. What is safe harbor? The european directive Italy Telegram Number Data on data protection the european directive data protection created almost 20 years ago a framework for the protection of the fundamental freedoms and rights of natural persons, and, in particular, the right to privacy, with regard to to the processing of personal data in europe. In short, this directive is the european standard regarding the protection of personal data and which was transposed into our legislation through the organic law on data protection (lopd). Article 25.1 of said directive prohibits transfers of personal data to a third country, other than any of the member states of the european union, that does not guarantee an adequate level of protection. Decisioneuropean commission it is evident that the approval of the aforementioned directive made things difficult for those north american companies that wanted to process data obtained from european citizens, having to undergo endless bureaucratic procedures to obtain authorizations for the transfer of data.
Maybe the us multinationals thought: “we need to provide confidence to the european union so that there is no problem transferring data from their territory to ours and we need to provide some mechanism that will reassure these europeans.” the pressure from north american lobbies and institutions on european organizations to find a solution to the issue found reward in the approval by the european commission of decision 2000/520/ec which, based on article 25, sections 1 and 6 of the directive 95/46 considers the appropriate level of protection for the transfer of data from the european union to us entities (generally companies), as long as the safe harbor principles were met and the guidance guidelines were followed.
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發表於 2024-3-7 15:08:06