Strike Down Safe Harbour, Says CJEU Advocate General

Today, the Advocate General of the Court of Justice of the European Union concluded that the EU should suspend the Safe Harbour agreement it has with the United States. The opinion — which the Court of Justice is likely, although not required, to follow when it issues its binding ruling soon — comes in the wake of repeated demands by the European Parliament to declare the agreement invalid.

The Advocate General’s opinion turned on the vast scope of NSA surveillance. CDT shares in the Advocate General’s conclusion that US surveillance programmes violate the privacy rights of EU citizens. The Advocate General assessed bulk surveillance, as conducted by the National Security Agency, to be disproportionate and therefore contrary to EU fundamental rights. CDT has long described such programs in a similar way, and advocated for reform.

“This opinion is a wake-up call to the United States to get serious about effective and comprehensive legislation around government access to data,” said Nuala O’Connor, CDT President & CEO.

It must also be recognised that, although it would be a dramatic political signal, suspension of data transfers under the Safe Harbour would do little or nothing to enhance protection against indiscriminate collection of data by security agencies. Even if the Safe Harbour agreement were suspended, EU citizens’ personal data would still be collected by the security agencies of the US, and of European countries, many of which are expanding their surveillance capabilities.

“Regardless of whether the Safe Harbour agreement is suspended, we absolutely need a constructive global dialogue on how to share data, conduct electronic surveillance, and protect human rights,” said Jens-Henrik Jeppesen, CDT Director for European Affairs.