Response to ECJ’s Rejection of the U.S. Safe Harbour Agreement
The ECJ decision is not unexpected. The NSA disclosures undermined more than 20 years of work that Internet infrastructure providers had invested in demonstrating their commitment to privacy. Infrastructure providers who have agreed to safe harbor commitments recognize that their EU customers have differing privacy expectations, and have committed to meet those expectations. It is important to focus on the reason for the ECJ decision: U.S. government overreach, and not the actions of infrastructure providers. For that reason, the I2Coalition has supported the Judicial Redress Act, a bill that would provide European citizens with the same privacy protections given to U.S. citizens under U.S. law. Passage of this bill is a key requirement for implementation of the “umbrella agreement’ on privacy between the U.S. and E.U. that will enhance privacy on both sides of the Atlantic.