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Prep – Background on tomorrow’s AG Opinion

noyb - European Center for Digital Rights

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Data Transfers In preparation of the delivery of the non-binding advisory opinion of the Advocate General on December 19th at about 9:45 in Luxemburg, we have compiled the following preparation document. The case is pending for 6.5 years, deals with complex EU privacy and US surveillance laws and was subject to four hearings before different courts. It is therefore highly complex. Download the Prep-Document here (PDF) I. Background of the case US Surveillance. As the disclosures by Edward Snowden confirmed, many large US internet companies (in this case Facebook) fall under a duty to allow the US government to access European user data on a mass scale for “foreign intelligence” purposes (including anti‑terrorism and espionage). Such use of Europeans’ data may well be against the national interest of the EU and its member states (for example when enforcing US sanctions against EU companies or when spying on EU citizens and governments). The 2015 “Safe Harbor” case. Based on these facts,