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Trump signs executive order stripping non-citizens of privacy rights


From: "Dave Farber" <farber () gmail com>
Date: Fri, 27 Jan 2017 08:58:13 -0500




Begin forwarded message:

From: Dewayne Hendricks <dewayne () warpspeed com>
Date: January 27, 2017 at 8:27:54 AM EST
To: Multiple recipients of Dewayne-Net <dewayne-net () warpspeed com>
Subject: [Dewayne-Net] Trump signs executive order stripping non-citizens of privacy rights
Reply-To: dewayne-net () warpspeed com

[Note:  This item comes from friend Bob Frankston.  DLH]

Trump signs executive order stripping non-citizens of privacy rights
The six month-old Data Shield agreement between the US and EU is now in jeopardy.
By Andrew Tarantola
Jan 26 2017
<https://www.engadget.com/2017/01/26/trump-signs-executive-order-stripping-non-citizens-of-privacy-ri/>

The US-EU Data Shield agreement is an authorization framework which enables companies to transfer the personal data 
of Europeans to the US while ensuring that the companies operate within compliance of Europe's more stringent privacy 
laws. It effectively ensured that a European's personal data -- that is, any personal data originating from the EU, 
not just that of EU citizens -- would be protected to the standards that the EU demands whether the data is sitting 
on a server in Paris, France or Paris, Texas.

More than 1,500 companies including Apple, Google and Microsoft had agreed to abide by the Data Shield agreement, 
which requires the US Department of Commerce to ensure that American companies are operating in compliance. It took 
the place of the earlier Safe Harbor agreement, which the European Court of Justice ruled ineffective and invalid 
after the Snowden leaks came to light in 2013.

This agreement -- as well as the legal ability for US companies to serve European customers -- in now in very real 
danger of unravelling. And it's all thanks to an Executive Order that Trump signed earlier this week. Specifically, 
it's Section 14, which reads:

Privacy Act. Agencies shall, to the extent consistent with applicable law, ensure that their privacy policies exclude 
persons who are not United States citizens or lawful permanent residents from the protections of the Privacy Act 
regarding personally identifiable information.

Enforcing privacy policies that specifically "exclude persons who are not United States citizens or lawful permanent 
residents," while aimed at enhancing domestic immigration laws, effectively invalidates America's part of the Data 
Shield agreement, opens the current administration up to sanctions by the EU and could lead our allies across the 
Atlantic to suspend the agreement outright.

[snip]

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