EU Safe Harbor ruling could affect Microsoft email dispute
Microsoft has cited a ruling by an European Court on transatlantic transfers of personal data as having a bearing on its litigation over turning over email held in Ireland to U.S. law enforcement.
The ruling Tuesday by the Court of Justice of the European Union declared invalid a “safe harbor” agreement that governs data transfers between the U.S. and the European Union as U.S. law and the actions of the country's government "inadequately respect European 'fundamental rights' of personal data privacy," Microsoft's lawyer E. Joshua Rosenkranz brought to the notice of the U.S. Court of Appeals for the Second Circuit.
"This opinion could subject U.S. companies to charges of violating European law any time they transfer personal data to the U.S., especially when U.S. law-enforcement agencies instigate the transfer," the Microsoft counsel wrote in a letter to the court clerk.
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