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Judgment
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Court Summary Safe harbour: US public authorities are not required to comply with safe harbor principles. Decision 2000/520 specifies that safe harbor principles may be limited to the extent necessary to meet national security, public interest or law enforcement requirements, or statute, regulation or caselaw. Self-certified US organizations receiving personal data from the EU are thus bound to disregard safe harbor principles when they conflict with US legal requirements. Decision 2000/520 does not contain sufficient findings regarding US measures which ensure adequacy by reason of domestic law or international commitments. (¶¶ 82-87) ## Excerpt 82 In the present instance, by virtue of the second paragraph of Annex I to Decision 2000/520, the safe harbour principles are ‘intended for use solely by US organisations receiving personal data from the European Union for the purpose of qualifying for the safe harbour and the presumption of “adequacy” it creates’.
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