Transfer of personal data to US may constitute an offence
A decision by the European Court of Justice to beef up data protection can result in the criminalisation of the transfer of personal data to the United States. “The decision by the court of justice establishes a backdrop for there being a genuine risk of meeting the elements of an offence,” estimates Jussi Tapani, a professor of criminal law at the University of Turku.
The European Court of Justice invalidated on Tuesday a ruling by the European Commission that the data protection offered by companies domiciled in the United States is sufficient from the viewpoint of European law – the so-called safe harbour ruling. Such companies have been widely allowed to transfer data to servers located in the United States as part of the outsourcing of information technology services.