Regulatory authority criticizes ECJ ruling on “Privacy Shield”

Photo: Cookie Notice (via dts news agency)
Photo: Cookie Notice (via dts news agency)

Stuttgart (dts news agency) – Baden-Württemberg’s data protection officer Stefan Brink warns of the consequences of the ruling by the European Court of Justice (ECJ) on the EU-US data protection agreement “Privacy Shield”. The data protection supervisory authorities are currently trying to find a way out of an “almost unsolvable situation”, Brink told the “Handelsblatt”. If this does not succeed, every German company would have to be checked and fined if it had built its infrastructure on US data processors, said the head of the authorities.
The court recently overturned the legal basis for the transfer of personal data of European citizens to the USA. The judges were bothered by the extensive access possibilities of US intelligence services to the data of the Europeans. “Which company doesn’t have that? No Microsoft Word? No Amazon Cloud? No Zoom video service,” asked the data protection officer.


In this context, Brink clearly criticized the ECJ. Europe does not have the right to impose its point of view on other states. “Of course we should stand up for our values ​​and defend them against other states – but this is the responsibility of governments,” said Brink. Data protection activists are of course also “outraged when the USA spies on EU citizens and leaves them powerless to the sidelines without effective legal remedies against these state attacks,” said the data protection officer.

“But trying to persuade foreign governments to give in by forcing their companies out of the market, by forbidding European companies to deal with them and imposing fines and prohibition orders on them here – that is clearly misleading. Even more if this is determined from one day to the next without any transition period. ” Brink described this action by the ECJ as “irresponsible”.