By Karin Matussek
U.S. surveillance practices revealed by Edward Snowden raised questions about whether companies can rely on rules that govern data transfers between the European Union and U.S., according to German regulators.
Privacy watchdogs have to “critically review the preconditions” for any data transfer and may seek to prevent some information exchanges, Berlin Data Protection Commissioner Alexander Dix told reporters in the German capital Wednesday. Dix spoke on behalf of his colleagues from the 16 German states who are meeting today at a conference about the rules, known as the Safe Harbor framework.
The framework was put into place by the EU in 2000 after negotiations with the U.S. Department of Commerce to allow data transfers to U.S. companies that have been certified to adhere to privacy principles. The EU parliament last year asked the European commission to suspend the process.
“The Safe Harbor agreement is practically dead, unless some limits are being placed to the excessive surveillance by intelligence agencies,” Dix said.
While the Safe Harbor rules are still formally in place and German regulators have to accept the process, they can take action in individual cases and order companies to stop transfers for a limited time, Dix said. His office is currently working on a case that may lead to such an order. A similar review is pending with the data regulator in the city of Bremen, he said.
Snowden, who faces espionage charges in the U.S., fled to Hong Kong and then to Russia after leaking classified documents on National Security Agency spying programs. The revelations have affected U.S. relations with allies around the globe, with the scandal creating a rift between the U.S. and Germany after the discovery that intelligence agents may have tapped the phone of Chancellor Angela Merkel.
