The decision of DPC in the Meta issue imposing a fine of $1.2 billion is a reflection of a war between EU and US. EU wants US to change its laws to give up the rights of its law enforcement authorities to access the personal data transferred from EU to US for processing.
Without this immunity against the rights of the law enforcement agencies, the other instruments such as “Contract with the data subject” or “Standard Contractual Clauses” will not be considered “Adequate”.
It is not for Meta to change the US laws and hence options before it are clear.
- Transfer all processing of data into EU so that there is no cross border transfer. This would be a forced data localization.
- Persuade US Government to follow the Indian approach of allowing setting up of “Data Colonies” in US where there is immunity from US law enforcement’s powers.
- Don’t transfer the personal data from the data subject to its facilities in US but “Buy and own the data from the data subject” (Provided this is not challenged legally) before it is transferred as its own “Asset”.
- Stop activities in EU region completely and black out EU…also persuade other tech companies to black out EU in a “Global Sanction against colonization attempt of EU”
All Indian Companies also have to ensure that they donot take a “Data Controller Stance” in any activity in EU and if so, localize the processing in EU. If data is brought into India our laws will prevail.
For a brief period, there was a suggestion of providing “Diplomatic Type Immunity” to special data processing zones and if it is introduced, such zones will be “Data Colonies” of the EU data controllers.
It appears that Vasco Da Gama is back in India …. with permission from the local kings…like what happened centuries ago in Calicut. Read this article to find out how Portugese started their occupation by defeating King Zamorin who was responsible for giving them the entry to India.