US Mission to EU Criticizes EU High Court Adviser’s Calls for Suspension of Safe Harbor
The U.S. Mission to the European Union issued a statement criticizing the European Commission’s Advocate General’s recent opinion in Maximillian Schrems v. Data Protection Commissioner (see 1509230001) Monday, citing “numerous inaccurate assertions about intelligence practices of the United States.” The…
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U.S. “does not and has not engaged in indiscriminate surveillance of anyone, including ordinary European citizens,” the statement said. The Prism program (Planning Tool for Resource Integration, Synchronization and Management) discussed in the opinion is “targeted against particular valid foreign intelligence targets, is duly authorized by law, and strictly complies with a number of publicly disclosed controls and limitations,” it said. The opinion fails to take into account that President Barack Obama “has taken unprecedented steps to enhance transparency and public accountability regarding U.S. intelligence practices, and to strengthen policies to ensure that all persons are treated with dignity and respect, regardless of their nationality or place of residence,” it said. The Safe Harbor Framework is a living document that can be improved, it said. The Advocate General’s reasoning in his opinion “undercuts the abilities of other countries, businesses and citizens to rely upon negotiated agreements with the European Commission,” it said. Citing the importance of privacy and trade benefits, the U.S. Mission said it would work closely with the European Commission to improve the Safe Harbor Framework and asked the European Court of Justice to note the inaccuracies in the opinion and consider the “significant harm” that would occur if the free flow of information would end. The Electronic Privacy Information Center released a statement Monday siding with the opinion, saying the U.S. engages in routine and mass surveillance of persons outside the U.S., including ordinary European citizens. The routine collection of Internet activity gathered by Internet companies and shared with U.S. intelligence agencies has continued despite “extensive public opposition,” EPIC said. Congress ended the bulk collection of domestic telephone records by passing the USA Freedom Act, but failed to reform foreign intelligence collection under Section 702 of the Foreign Intelligence Surveillance Act or surveillance authorized by Executive Order 12333, EPIC said.