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施雷姆斯的麻烦

巴黎—2015年10月,28岁的奥地利隐私维权活动家、维也纳大学研究生马克斯·施雷姆斯(Max Schrems)提起的诉讼给所谓的安全港(Safe Harbor)协议画上了句号。安全港协议约束美国企业遵守欧盟隐私法。欧洲法院(ECJ)的这一裁决给大约4,500家美国公司的数据收集、处理、传输和储存带来了法律不确定性。

这一裁决让很多欧洲人将施雷姆斯和爱德华·斯诺登(Edward Snowden)相提并论。斯诺登是一位美国情报承包商,他将关于美国全球监控计划的保密信息泄露给公众。事实上,施雷姆斯的官司的许多信息来自斯诺登的披露,其中包括美国国家安全局(NSA)一个计划的细节。美国公司被控根据该计划向NSA提供储存在公司计算机系统中的个人信息。根据ECJ的裁决,美国公司与美国情报机构之间的这一合作违反了欧盟基本权利宪章(EU Charter of Fundamental Rights)关于隐私权利和数据保护的规定。

ECJ释放出明确的信号:除非美国政府修改收集情报的方式,限制对个人数据的获取并采取具体问题具体分析的调查方针,否则消费者信息就不允许通过安全港框架从欧盟传输给美国。

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