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Data Sovereignty is being negotiated in TTIP and TISA treaties, http://www.euractiv.com/sections/infosociety/dont-forget-big...

"It is crystal clear what corporations want in the Transatlantic trade agreement (TTIP) and the other treaties being negotiated: a commitment to allow cross border data flows and data-processing across all services sectors, including financial services, without any limitations. They consider requirements to use local network infrastructure or local servers as discriminatory, with potentially adverse effects on trade."

From 2014, http://www.zdnet.com/article/wikileaks-leak-shows-data-sover...

"50 countries including Australia and the US may be signing away rights to ensure sensitive customer data remains in its country of origin."



But it seems that such a treaty would fall afoul of EU law, no? That's the basis of this position if it were to become a final ruling. The AG's position here is that data privacy is a fundamental right that cannot be negotiated away by the EU or its member states. Am I misunderstanding?


Yes, assuming the country was a signatory to the European Convention on Human Rights which all member states are required to be. In particular "Everyone has the right to respect for his private and family life, his home and his correspondence" with Rotaru v. Romania (2000) being the appropriate case law.

https://en.wikipedia.org/wiki/Article_8_of_the_European_Conv...




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