News / Europe

    Planned EU Privacy Law no Magic Bullet Against US Spying

    Members of the EU Parliament take part in a voting session on the implications for EU citizens' privacy of the US Prism and other internet surveillance cases, on July 4, 2013 during a session of the European Parliament in Strasbourg, eastern France.
    Members of the EU Parliament take part in a voting session on the implications for EU citizens' privacy of the US Prism and other internet surveillance cases, on July 4, 2013 during a session of the European Parliament in Strasbourg, eastern France.
    Reuters
    Stung by revelations about the scale of U.S. electronic spying, Europe has been itching to show it can protect its citizens from snooping - but planned new privacy legislation risks a head-on collision with U.S. law.
     
    However much European Parliament lawmakers may fume at the leaks from former U.S. intelligence contractor Edward Snowden, Europe has a poor record in battles with U.S. justice and intelligence services over its citizens' data.
     
    What is more, the Internet is dominated by the likes of Microsoft, Google, Facebook and Yahoo! - U.S. companies that will feel more bound by U.S. laws compelling them to give information to their intelligence services.
     
    “It is certainly not up to Europe alone to determine what data can be accessed in the United States,” said privacy lawyer Eduardo Ustaran of Field Fisher Waterhouse in London.
     
    For U.S. firms, any new laws drawn up in Brussels are unlikely to take precedence. Lawyers say potential U.S. punishments are more than enough to dissuade companies from complying with European rules.
     
    “What would you prefer: to be slapped by U.S. law or the prospect of a European fine that may never be enforced?” said Mark Watts, an lawyer specializing in IT at Bristows in London.
     
    Documents leaked by Snowden have shown that the U.S. National Security Agency monitors vast quantities of email and telephone data of both Americans and foreigners. Attempting to limit the damage, President Barack Obama said on Wednesday that U.S. intelligence-gathering was focused on specific concerns like counter-terrorism, cyber-security and weapons of mass destruction.
     
    But U.S. allies are concerned, and the European Parliament, where more than 750 members represent 500 million citizens across 28 countries, plans to back a tough new privacy law by the end of the year.
     
    Jusr one catch
     
    The law would oblige companies to tell European regulators when an intelligence service was requesting data on a European citizen, and to get the regulators' approval.
     
    U.S. companies and lawyers say there is one glaring catch:  in most cases they are not allowed to tell anyone, even a European regulator, about a data request.
     
    Demands for information often come from courts set up in 1978 under the U.S. Foreign Intelligence Services Act (FISA), with a gagging order attached. Breaching such an order of a FISA court can spell hefty fines and even jail.
     
    Google and Microsoft have so far failed to lift the gag, underlining the difficulties U.S. companies face in complying with rules in Europe.
     
    “Prior authorization for transfer of EU citizen data is in direct conflict with U.S. law, namely the FISA act,” said an industry source on condition of anonymity.
     
    Recent history provides little encouragement for the Europeans.
     
    In 2011, attempts to bring in EU legislation allowing EU regulators a peek at U.S. intelligence requests before they were processed failed after U.S. officials complained it would hamper counter-terrorism investigations. The EU has also tried, with limited success, to limit U.S. access to European travel and financial data.
     
    European hardball?

     
    This time is different, says Jan Philip Albrecht, a German Green member of the European parliament (MEP) who will negotiate the shape of the draft law with EU countries.
     
    “The problem is that we allowed the U.S. to have this supremacy. And I don't think we have to,” he said.
     
    Many European Parliament lawmakers are resolute that U.S. companies must follow European laws if they want to reap profits in Europe, says Manfred Weber, a German conservative MEP.
     
    He said companies could be forced to store Europeans' data on a 'European cloud', rather than on U.S. servers, to help keep it out of reach of U.S. authorities.
     
    Caspar Bowden, Microsoft's former privacy chief, said Europe has a menu of choices to play tough. It could, for example, revoke existing agreements on data security such as the EU-U.S. Safe Harbor framework, which obliges firms to inform customers about data transfers.
     
    Industry sources who do not want to be named because of the sensitivity of the issue say they wish the European Union and the United States would resolve their privacy differences and “leave companies out of it”.
     
    They advocate an international convention setting the rules of the spying game. Germany, for example, is seeking to negotiate a 'no-spy deal' with Washington, while also pushing for a stronger European IT industry less reliant on U.S. firms.
     
    Tech entrepreneurs warn scaremongering over spying will make Europeans more nervous about adopting cloud computing, which offers much cheaper data storage, but sometimes with back-ups in different continents.
     
    Jumping on the privacy bandwagon may win votes in the European Parliament election, due next May. But the parliament may struggle to win approval for its ideas from EU governments, whose police and intelligence agencies also benefit from access to the data that the U.S. firms hold.
     
    Faced with such legal and political complexities, Europeans may have to just reconcile themselves to a degree of access to their data, a European diplomat said.
     
    “As long as we don't have our version of Google and Apple, we may as well turn off our Internet or learn to live with this.”

    You May Like

    Video Rubio Looks to Surge in New Hampshire

    Republican presidential candidate has moved into second place in several recent surveys and appears to be gaining ground on longtime frontrunner Donald Trump

    UN Calls for Global Ban on Female Genital Mutilation

    Recent UNICEF report finds at least 200 million girls and women alive today have undergone female genital mutilation in 30 countries

    UN Pilots New Peace Approach in CAR

    Approach launched in northern town of Kaga Bandoro, where former combatants of mainly Muslim Seleka armed group and Christian and animist anti-Balaka movement are being paid to do community work

    This forum has been closed.
    Comments
         
    There are no comments in this forum. Be first and add one

    Featured Videos

    Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
    German Artists to Memorialize Refugees With Life Jacket Exhibiti
    X
    Hamada Elsaram
    February 05, 2016 4:30 PM
    Sold in every kind of shop in some Turkish port towns, life jackets have become a symbol of the refugee crisis that brought a million people to Europe in 2015.  On the shores of Lesbos, Greece, German artists collect discarded life jackets as they prepare an art installation they plan to display in Germany.  For VOA, Hamada Elrasam has this report from Lesbos, Greece.
    Video

    Video German Artists to Memorialize Refugees With Life Jacket Exhibit

    Sold in every kind of shop in some Turkish port towns, life jackets have become a symbol of the refugee crisis that brought a million people to Europe in 2015.  On the shores of Lesbos, Greece, German artists collect discarded life jackets as they prepare an art installation they plan to display in Germany.  For VOA, Hamada Elrasam has this report from Lesbos, Greece.
    Video

    Video E-readers Help Ease Africa's Book Shortage

    Millions of people in Africa can't read, and there's a chronic shortage of books. A non-profit organization called Worldreader is trying to help change all that one e-reader at a time. VOA’s Deborah Block tells us about a girls' school in Nairobi, Kenya where Worldreader is making a difference.
    Video

    Video Genius Lets World Share Its Knowledge

    Inspired by crowdsourcing companies like Wikipedia, Genius allows anyone to edit anything on the web, using its web annotation tool
    Video

    Video Former Drug CEO Martin Shkreli Angers US Lawmakers

    A former U.S. pharmaceutical business executive has angered lawmakers by refusing to explain why he raised the price of a life-saving pill by 5,000 percent. Martin Shkreli was removed from a congressional hearing on Thursday after citing his Fifth Amendment right to stay silent. Zlatica Hoke has more.
    Video

    Video Super Bowl TV Commercials are Super Business for Advertisers

    The Super Bowl, the championship clash between the two top teams in American Football, is the most-watched sporting event of the year, and advertisers are lining up and paying big bucks to get their commercials on the air. In fact, the TV commercials during the Super Bowl have become one of the most anticipated and popular features of the event. VOA's Brian Allen has a sneak peek of what you can expect to see when the big game goes to commercial break, and the real entertainment begins.
    Video

    Video In Philippines, Mixed Feelings About Greater US Military Presence

    In the Philippines, some who will be directly affected by a recent Supreme Court decision clearing the way for more United States troop visits are having mixed reactions.  The increased rotations come at a time when the Philippines is trying to build up its military in the face of growing maritime assertiveness from China.  From Bahile, Palawan on the coast of the South China Sea, Simone Orendain has this story.
    Video

    Video Microcephaly's Connection to Zika: Guilty Until Proven Innocent

    The Zika virus rarely causes problems for the people who get it, but it seems to be having a devastating impact on babies whose mothers are infected with Zika. VOA's Carol Pearson has more.
    Video

    Video Solar Innovation Provides Cheap, Clean Energy to Kenya Residents

    In Kenya, a company called M-Kopa Solar is providing clean energy to more than 300,000 homes across East Africa by allowing customers to "pay-as-you-go" via their cell phones. As Lenny Ruvaga reports from Kangemi, customers pay a small deposit for a solar unit and then pay less than a dollar a day to get clean energy to light up their homes or businesses.
    Video

    Video Stunning Artworks Attract Record Crowds, Thanks to Social Media

    A new exhibit at the oldest art museum in America is shattering attendance records. Thousands of visitors are lining up to see nine giant works of art that have gotten a much-deserved shot of viral marketing. The 150-year-old Smithsonian American Art Museum has never had a response quite like this. VOA's Julie Taboh reports.
    Video

    Video Apprenticeships Put Americans on Path Back to Work

    Trying to get more people into the U.S. workforce, the Obama administration last year announced $175 million in grants towards apprenticeship programs. VOA White House correspondent Aru Pande went inside one training center outside of Washington that has gained national recognition for helping put people on the path to employment.
    Video

    Video New Material May Reduce Concussion Effects

    As the 2016 National Football League season reaches its summit at the Super Bowl this coming Sunday (2/7), scientists are trying to learn how to more effectively protect football players from dangerous and damaging concussions. Researchers at Cardiff and Cambridge Universities say their origami-based material may solve the problem. VOA’s George Putic reports.
    Video

    Video Saudi Arabian Women's Sports Chip Away at Stereotypes

    Saudi Arabian female athletes say that sports are on the front line of busting traditions that quash women’s voices, both locally and internationally. In their hometown of Jeddah, a group of basketball players say that by connecting sports to health issues, they are encouraging women and girls to get out of their homes and participate in public life. VOA’s Heather Murdock reports.
    Video

    Video A Year Later, Fortunes Mixed for Syrians Forging New Lives in Berlin

    In April of last year, VOA followed the progress of six young Syrian refugees -- four brothers and their two friends -- as they made their way from Libya to Italy by boat, and eventually to Germany. Reporter Henry Ridgwell caught up with the refugees again in Berlin, as they struggle to forge new lives amid the turmoil of Europe's refugee crisis.
    Video

    Video Zika Virus May be Hard to Stop

    With the Zika virus spreading rapidly, the World Health Organization Monday declared Zika a global health emergency. As Alberto Pimienta reports, for many governments and experts, the worst is yet to come.