Reply to post: Re: The usual

NSA? Illegal spying? EU top lawyer is talking out of his Bot – US gov

big_D Silver badge

Re: The usual

If the cloud providers reside in the US or have US HQs, they must.

And if their customers are in the EU they legally cannot.

That is the conundrum at the moment. If they hand over the data, they face prosecution (along with their customers) in the EU and if they don't hand over the data, they face prosecution in the USA...

And that is what Safe Harbor was supposed to guarantee, that the European data being held in the USA would be held to European standards of data protection and couldn't be handed over - this is what the whole argument is about. With the US Government claiming PRISM is legal and that the IT companies have to hand over the EU sourced data they are forcing them to break Safe Harbor and thus break the law.

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