"There is also a move in the US to pass the Judicial Redress Act, which would give non-US residents a chance to complain to the same degree as US citizens if their data is mishandled."
Which again fails on exactly the same basis as Safe Harbour did.
It really is very simple. You cannot export EU citizens' personal data from the EU to the US. If you want to process it in any way you have to do so in the EU or any country with equivalent rules and with a sufficient legal air-gap to stop the US's view that they're entitled to go anywhere they please to get any data they choose. Nothing else will do. Now stop whining & just get on with doing what you know you have to do.
And yes, I know about GCHQ & the rest. I've a feeling they'll be on the receiving end of a challenge sooner rather than later. One step at a time.
Biting the hand that feeds IT
