Brussels, 28/09/2015 (Agence Europe) - On Monday 28 September, the United States' government officially rejected the conclusions by European Court of Justice judge Yves Bot on the 'Safe Harbour' scheme, saying that they were based on a series of inaccuracies.
Since 2000, 'Safe Harbour' covers the transfers of personal trade data between the United States and the EU, such as information provides to internet giants Facebook and Google.
In a press release transmitted by the United States' mission to the EU, the US government says: “We fully respect the European Union's legal process; however, we believe that it is essential to comment in this instance because the Advocate General's opinion rests on numerous inaccurate assertions about intelligence practices of the United States.”
On Wednesday 23 September, Advocate General Yves Bot said that the European Commission's 2000 decision, under which the US shall offer suitable protection for European citizens' personal information that is transferred to the US, just be seen as invalid and must not prevent the authorities of the EU member states from suspending the transfer of information to servers in countries in the United States (see EUROPE 11396).
The US government writes: “The Advocate General's opinion notes that it was required to accept the facts as found by the Irish High Court. There was, however, no actual fact-finding in this case.” It also accuses the Irish court of preventing any challenging of its allegations although the situation has changed and since been improved (the Commission launched a review of Safe Harbour, for example, in 2013 that is still ongoing). The US government says: “The United States does not and has not engaged in indiscriminate surveillance of anyone, including ordinary European citizens. The PRISM programme that the Advocate General's opinion discusses is in fact targeted against particular valid foreign intelligence targets, is duly authorized by law, and strictly complies with a number of publicly disclosed controls and limitations.”
The press release continues: “Moreover, the Advocate General's opinion fails to take into account that -- particularly in the last two years - President Obama has taken unprecedented steps to enhance transparency and public accountability regarding US intelligence practices, and to strengthen policies to ensure that all persons are treated with dignity and respect, regardless of their nationality or place of residence.”
The US continues: “Given the important privacy and trade benefits that Safe Harbor provides to EU and US citizens and businesses, we will continue to work closely with the European Commission to improve the Safe Harbor Framework. We hope that the final judgment of the European Court of Justice takes note of these efforts, inaccuracies in and far-reaching consequences of the Advocate General's opinion, as well as the significant harm to the protection of individual rights and the free flow of information that would occur if it were to follow the Advocate General's opinion.” (Original version in French by Solenn Paulic)