Posted 2014-October-30, 13:46
There are several requirements of USG (not just NSA) that on their face violate the European Data Directive. That is simply a nature of having a server within US territory. It's a perennial problem. It's compounded by US corporate behaviour that seems to match "we can, so we must" when it comes to employees. I think that's because their legal liability is "well, you were legally allowed to do X, and you chose not to, so you're liable for something that happened that would have been avoided if you did X." Treat employees like crap because the worst of them need to be, and who cares about the rest of them.
So, in this case, "we're allowed to get and store this information in the US, and we're not in Europe. So, instead of doing things the right way, we're going to host our server in the US and get prospective employees to waive their rights. 'We don't care - we don't have to - we're the telephone company employer.' </Ernestine>"
When I go to sea, don't fear for me, Fear For The Storm -- Birdie and the Swansong (tSCoSI)