"But Aleecia McDonald, a privacy expert at Stanford Law School, said the nature of the dispute indicates an overarching political solution might not be as forthcoming as businesses hope because of the dramatically different way the U.S. and EU view the problem.
The U.S. bases its data-collection programs on national security, an issue that can be difficult to compromise around. The European court made its decision using a strict human rights framework, Ms. McDonald pointed out.
“That [human rights] framework is not about trade-offs about finances or how to make innovation prosper, it is about protecting the rights of European citizens,” she said.
“The decision hinged on concern that the United States Internet ecosystem, as a whole, may fail on human rights grounds.”"