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Europe's Courts Decide: Does U.S. Spying Violate Europe's Privacy?

In a long-awaited decision on whether and how Europeans' private data can be protected from the roving eyes of the NSA, the Irish Commercial High Court this morning declared that "standard contractual clauses" —the procedure that tech companies like Facebook use to try to satisfy European privacy laws—should be reviewed by the European Union's top court, the Court of Justice (CJEU).

The decision hands the court a key question that could affect millions of users and the business practices of Facebook and other tech giants: should tech companies be allowed to send the personal data of European customers across the Atlantic if they can’t guarantee that, once in U.S. data centers, the information won’t be vacuumed up by NSA surveillance?

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