A clash between the EU right to privacy and US desire for surveillance<\/q><\/aside>\n<\/div>\nThe ruling in the case, known as Schrems II, after its original claimant, privacy activist and lawyer Max Schrems, will have a profound effect on a range of US businesses, from banks to law firms. But it will be of particular concern to large tech companies like Facebook that handle large amounts of personal data. These firms need to ensure the protection of this data from mass surveillance programs, or change how and where they process it.<\/p>\n
Importantly, today’s ruling applies only to certain types of personal data. It has no affect on what the EU calls “necessary” data transfers, such as emails sent between the US and EU, bookings for holidays, business transactions, access to news sites, and so on.<\/p>\n
In their ruling, the EU judges said that the current arrangement of data transfers clash with the EU’s Charter of Fundamental rights, which ensures individuals’ right to privacy.<\/p>\n
“The limitations on the protection of personal data arising from the domestic law of the United States […] are not circumscribed in a way that satisfies requirements that are essentially equivalent to those required under EU law,” they wrote. In other words: US law is designed to facilitate mass surveillance while EU law enshrines individual privacy.<\/p>\n
Reacting to the ruling, Schrems said it showed that the only way forward for American companies was widespread “surveillance reform.”<\/p>\n
“It is clear that the US will have to seriously change their surveillance laws, if US companies want to continue to play a major role on the EU market,” said Schrems. “As the EU will not change its fundamental rights to please the NSA, the only way to overcome this clash is for the US to introduce solid privacy rights for all people — including foreigners.”<\/p>\n
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<\/span>Illustration by William Joel \/ The Verge<\/small><\/p>\n\n