[governance] Fwd: PRISM - is it about the territorial location of data or its legal ownership
Marie GEORGES
marie.georges at noos.fr
Mon Jun 24 10:16:37 EDT 2013
OF course and there are many other long standing principles relating to applicable law and I showed you one case in which US accepted not to apply the "sovereignty" principle to data on its territory because the activity at stake, except "processing of related data", had nothing to do with US
Other example, even if the Data Protection law is a "public order" law in EU, EU decided not to apply the DP directive of 1995 to data only "in transit" ....
Le 24 juin 2013 à 15:45, Suresh Ramasubramanian a écrit :
> Marie GEORGES [24/06/13 15:39 +0200]:
>> Some other ideas...
>> Is it "fair" that a State "cares" (accesses or other) about data which
>> have no other territorial link than passing through it ? without any
>> legal cooperation with the State which has the territorial link with the
>> activity at stake?
>
> A long standing principle of sovereignity is that any activity on a
> country's soil / within its borders is subject to that country's law.
>
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