The BBC reports that [bbc.co.uk] "A privacy campaigner has scored a legal victory that could bolster his attempts to prevent Facebook from being able to pass EU citizens' data to the US authorities.[..] Yves Bot wrote that the Safe Harbour scheme did not contain "appropriate guarantees for preventing mass and generalised access" to EU citizens' data once it had been sent to the US."
"According to Advocate General Bot [europa.eu], the Commission decision finding that the protection of personal data in the United States is adequate does not prevent national authorities from suspending the transfer of the data of European Facebook subscribers to servers located in the United States. [..]The Advocate General indeed observes that, if the Commission decided to enter into negotiations with the United States, that is because it considered beforehand that the level of protection ensured by that third country
, under the safe harbour scheme, was no longer adequate and that the decision adopted in 2000 was no longer adapted to the reality of the situation."
If ratified by the court, this would be a problem for companies like Facebook, Google, Apple, etc., requiring them to have separate EU and US data centers.