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As its data flows woes grow, Google lobbies for quickie fix to EU-US transfers

As the legal uncertainty in Europe clouding use of US cloud services cranks up, Google has responded by firing up its lobbying engines to call for US and European lawmakers to get a move on and come up a new rubberstamp to grease transatlantic data flows.

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As the legal uncertainty in Europe clouding use of US cloud services cranks up, Google has responded by firing up its lobbying engines to call for US and European lawmakers to get a move on and come up a new rubberstamp to grease transatlantic data flows as usual as the bloc’s regulators finally start to find their banhammers.

Last week, Austria’s data protection authority decided that a local website’s use of Google Analytics to have breached the bloc’s General Data Protection Regulation (GDPR) over the risk of US intelligence agencies being able to access site users’ personal data.

In a blog post calling for “a new EU-US data transfer framework”, Google’s Kent Walker flags this decision before seeking to downplay its significant — writing that Google has offered its eponymous analytics service to business for 15 years and “never once received the type of demand the DPA speculated about”, before adding: “We don’t expect to receive one because such a demand would be unlikely to fall within the narrow scope of the relevant law.”

It’s a reassuring-sounding soundbite by Google’s (and its parent Alphabet’s) chief lawyer and president of global affairs.

The problem is, legally speaking, it’s irrelevant — as it’s roughly the equivalent of Walker saying ‘waaa, EU law is not fair!’.

The lack of rights and redress for foreigners whose information gets scooped up by US authorities — or is at risk of getting scooped up — as a result of sweeping US surveillance laws (such as FISA 702), which apply broadly to electronic service providers like Google, is in stark conflict with the EU’s data protection framework which requires that an “essentially equivalent” level of protection applies to EU people’s information if it’s exported outside the bloc.

The key point is Europeans’ personal data must be effectively shielded from the risk of unauthorized access/misuse — NB: data doesn’t actually have to have been grabbed by the NSA for any laws to apply! — in order for the level of protection wrapping exported data to be considered legally adequate.

This is not a blanket ban on personal data transfers out of the EU to third countries because EU law leaves open the possibility that, where there are risks, so called “supplementary measures” may be applied to these kinds of transfers to raise the level of protection to the required standard.

These special measures could be additions at a legal, organization or procedural level (e.g. contract clauses, data retention policies); or, indeed, specific technical measures (like data localization; or true end-to-end encryption with zero access to the data via a third country-based provider or any of their subsidiaries) — or, for added assurance, a blend of several layered add-ons.

Google claims it had applied enough such extras to boost the level of data protection in the Austrian case.

However the DPA disagreed — finding Google’s claimed supplements did not cut the mustard, for all Walker’s claims of “extensive supplementary measures“.

It’s notable that his sentence immediately qualifies that claim — saying the measures apply “practical and effective protection of data to any reasonable standard”.

So, essentially, Google’s lobbying sleight of hand there seeks to replace actual EU legal standards over personal data transfers with a Google-defined “reasonable” standard (which has already been found unreasonable by at least two EU data supervisors… ).

It’s evident that rather than Google change its business practices — say, by offering Google Analytics users data localization plus encryption key escrow via an EU-based third party, plus some robust contractual clauses about challenging access requests — the tech giant is resorting to loudly yelling for lawmakers to ‘fix’ its legal headache with a quickie data transfer pact.

The problem for Google is that the legal conflict between US surveillance law and EU data protection law isn’t something that can be quickly and quietly papered over anymore.

The European Commission has tried doing that before, and while the Safe Harbor (RIP) arrangement for transatlantic data transfers stood for around 15 years before the EU’s top court struck it down, the replacement Privacy Shield only managed about four before the court struck again, even more definitively.

EU lawmakers are unlikely to want a third bullseye — even if they are keen on (and still in talks about) a replacement Privacy Shield to grease EU-US commerce.

The so-called ‘Schrems II’ CJEU decision that shattered the EU-US Privacy Shield did not close the door to personal data exports entirely but the court was careful to seek to pre-empt the risk of non-compliant-business-as-usual by underscoring that data flows must be assessed on a case by case basis and notified in advance to DPAs which — the court also made clear — can’t just sit on their hands and do in fact have a legal duty to suspend risky transfers.

The ruling also reiterated that EU-US transfers specifically are risky — hence blasting Privacy Shield (and Safe Harbor) to smithereens.

This is why US cloud services are so clearly in the frame.

The lack of a federal privacy law in the US which can offer an equivalent to EU’s GDPR is the underlying problem. And that essentially means the missing piece is also substantial reform of US surveillance laws — something that’s provided impossible to achieve so far (even regarding warrantless spying on US citizens, let alone foreigners).

In the meanwhile, more enforcements against non-compliant data transfers are looming.

If the Austrian’s decision over a single, local website’s use of Google Analytics risks sounding like small fry, around a hundred similar complaints were filed across the bloc back in August 2020, by European privacy campaigner noyb — also targeting use of Facebook Connect — so scores of similar decisions are pending.

Which means a potential pipeline of problems for Google in Europe over tools like Google Analytics…

Last fall the European Data Protection Board set up a taskforce to co-ordinate the response to this flotilla of complaints. So where one DPA has found use of Google Analytics breaches the GDPR others are likely to follow shortly.

(Note for example the Dutch DPA — which issued emergency guidance last week warning that use of Google Analytics “may soon not be allowed”. In an FAQ section of its website where it makes the warning — under the topic of “how can I protect the privacy of my website visitors with Google Analytics” — the regulator also wrote: “The AP [itself] is currently investigating two complaints about the use of Google Analytics in the Netherlands. Upon completion of that investigation, in early 2022, the AP will be able to say whether Google Analytics is now allowed or not.”)

In another notable recent decision, the European Data Protection Supervisor (EDPS) reprimanded the European Parliament over the presence of Google Analytics and Stripe in the code of a COVID-19 test booking website that had been built for it by a third party supplier. Again, use of Google Analytics was found to breach the regulation given the problem of US data transfers — although the website provider had also failed to properly implement cookie consents so there were multiple compliance problems in that case. And while the Parliament escaped a fine (on procedural grounds) the regulatory hot water led it to yank Google Analytics long before the decision landed.

So how many other European entities will now be looking increasingly uneasily at their website plug-ins? (After all, alternatives to tools like Google Analytics which don’t require schlepping data to the US do already exist. So the old ‘no one got sacked for installing US tech calculus may start to shift.)

Google’s blog prefers to spin the possibility that it’s about to lose a whole bunch of European customers into a typical Big Tech projection that the doom will rain down mercilessly as a nuclear storm — seeking to whip up fear among lawmakers over the impact on small businesses of them not “aligning” the literal law with Google’s preferred way of doing business.

Case by case

What’s clear is that the regulatory noose is tightening when it comes to Chapter V of the GDPR — and that has major implications for many US tech giants as their services often involve transferring user data outside the bloc.

The legal risks are varied, though, since data flows are now being analyzed on a case by case basis.

Which is also why having a top-level transfer deal is so sought for — since it massively simplifies compliance issues involved in exporting EU users’ data.

In another case, Facebook has been spectacularly successful at fending off regulatory action against its EU-US data transfers for literally years, thanks to its forum shopping and deep pockets to splash money on lawyers. But its data flows are surely operating on borrowed time — after a preliminary suspension order by Ireland in 2020; and Facebook’s subsequent failure to block it in the Irish courts.

Ireland’s regulator agreed it would “swiftly” finalize a decision on those EU-to-US flows over a year ago.

Nor is it only Google and Facebook on the hook here.

Since May, the EDPS has been investigating EU institutions’ cloud contracts with AWS and Microsoft over similar compliance concerns.

If the EU’s chief data supervisor concludes those US cloud services are also unable to adequately protect Europeans’ data it could essentially order that alternative services be found to take their place.

And that could then kick off a snowball of service switching, given the EDPS’ steering role as the EU’s top data supervisor.

So Google is quite right that the data flows issue could have multiple impacts.

A finding of compliance problems with those US cloud contracts is not certain, though — because, one again, each data transfer is different. And it’s possible that adequate supplementary measures are being applied in those cases.

AWS, for example, survived a legal challenge related to use of its service in France last year. In that case the website (Doctolib) had been hosted by AWS in the EU (with data centers in France and Germany). But as the EU entity (AWS Sarl) is a subsidiary of US-based AWS, which is subject to US law, the legal challenge concerned its extraterritorial effects — and the potential for US authorities to obtain data from an EU-based subsidiary via the US-based parent regardless of the data not leaving the EU.

The extraterritorial reach of US law creates an extra layer of compliance headaches for even those US cloud giants that do offer data localization via an EU subsidiary. (Or, to put it another way, data localization alone still may not be enough.)

In the Doctolib case, the French court ruled that the data was sufficiently protected owing to a series of applied supplementary measures — both legal and technical — and also based on their assessment of the specifics of the data transfers and procedures put in place.

Specifically, the data being processed by AWS was not considered by the court to be health data (which attracts a very high level of compliance requirements) as it was more limited in scope (related to booking vaccine appointments).

Additionally, the data retention had been limited to three months; data was encrypted and the key held by a trusted third party in the EU (not by AWS Sarl). And, furthermore, a contract between Doctolib and AWS Sarl included a clause setting out a specific procedure in the event of an access request by a foreign authority — including a guarantee that AWS Sarl would challenge any general access request from a public authority.

So, in other words, a full package of measures had been applied — and were, in the end, found to be sufficient by the French court.

Google’s Walker is therefore quite right when he writes that the CJEU’s July 2020 ruling “did not impose an inflexible standard”.

Compliance with EU-US data flows post-Schrems II has been demonstrated to be possible — and indeed available. Just not, per recent regulatory decisions, if you’re using Google Analytics…

Spinning for time

Despite what is clearly a major problem for Google in Europe, in his blog post, Walker seeks to spin the compliance issue as more an existential crisis for its customers (“publishers and small businesses”) — and even for the “open, global internet” as a whole — warning that the Austrian decision “may portend broader challenges” and suggesting “hundreds of billion euros” of damage could be done to Europe’s economy if lawmakers don’t figure out how to stop the regulatory banhammers from falling.

Yet given that other US services have found ways to comply with Schrems II that’s clearly plain wrong — as well as terrible hubris.

It is also hypocrisy. If Google was once synonymous with the open web, as a small, garage-based startup building a better search engine, the rapacious adtech giant — whose business is under investigation in both the EU and the US on multiple fronts, spanning antitrust, consumer protection and privacy charges, to name a few — that it’s turned into is a lot more walled garden than open web these days.

Instead of taking the necessary steps to adapt its business processes to respect EU law — by developing supplementary measures that are actually deemed sufficient by regulators — Google has reached down to rattle its sabre, pointing to its market power in a bid to scare legislators into aligning their pesky rules with how it mints money.

“Businesses in both Europe and the U.S. are looking to the European Commission and the U.S. Department of Commerce to quickly finalize a successor agreement to the Privacy Shield that will resolve these issues,” pens Walker, before trumpeting that: “The stakes are too high — and international trade between Europe and the U.S. too important to the livelihoods of millions of people — to fail at finding a prompt solution to this imminent problem.”

Google’s motivation in penning the blog post likely has more than half eye on cooling the nerves of shareholders who may be spooked by regulatory enforcements. Hence repeat suggestions that a fix is about to materialized with talk of governments “finaliz[ing]” a “revised agreement” that can be “a durable framework” (i.e. that won’t just get shot down again by the CJEU in a few years).

There is a very half-hearted and passing mention to US surveillance reform too, with Walker claiming: “We have long advocated for government transparency, lawful processes, and surveillance reform.”

But his loudest call is for a quick fix — with the Google president segueing instantly from the topic of surveillance reform to redouble his push for the quickest of fixes (“we urge quick action”), and further pressing: “At this juncture, we urge both governments to take a flexible and aligned approach to resolving this important issue.”

This is unfortunate phrasing since, technically speaking, the EU is not a “government”. But since Google’s grasp of the detail of EU data protection compliance has been found wanting we should not be surprised that it doesn’t really understand EU governance either.

TechCrunch contacted the European Commission with questions about the negotiations towards Google’s sought for quickie replacement data transfer deal.

A spokesperson for the EU’s executive cautioned that “some time” is needed given the “complexity” involved in trying to “strike a balance between privacy and national security”, as they put it — emphasizing that any replacement arrangement must be “fully compliant with the requirements set by the EU court”.

“Securing a new arrangement for safe transatlantic data flows is a priority for us and our U.S. partners,” they told us, adding that “negotiations have intensified in the past months, with discussions at technical and political level” — which they specified have included regular contacts between commissioner Reynders and his counterpart, US Secretary for commerce, Gina Raimondo (with the last one taking place in mid-December).

“Only an arrangement that is fully compliant with the requirements set by the EU court can deliver the stability and legal certainty stakeholders expect on both sides of the Atlantic,” they also told us, adding: “These negotiations take some time, given also the complexity of the issues discussed and the need to strike a balance between privacy and national security.”

Asked about replacements that companies seeking legal certainly in the meanwhile can make use of, the spokesperson said only [emphasis ours]: “Until we find a sustainable solution with the US, other tools for international data transfers such as the Standard Contractual Clauses can still be used under certain conditions. That is one of the reasons why we adopted modernised Standard Contractual Clauses in June 2021.”

 

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Government

Rand Paul Teases Senate GOP Leader Run – Musk Says “I Would Support”

Rand Paul Teases Senate GOP Leader Run – Musk Says "I Would Support"

Republican Kentucky Senator Rand Paul on Friday hinted that he may jump…

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Rand Paul Teases Senate GOP Leader Run - Musk Says "I Would Support"

Republican Kentucky Senator Rand Paul on Friday hinted that he may jump into the race to become the next Senate GOP leader, and Elon Musk was quick to support the idea. Republicans must find a successor for periodically malfunctioning Mitch McConnell, who recently announced he'll step down in November, though intending to keep his Senate seat until his term ends in January 2027, when he'd be within weeks of turning 86. 

So far, the announced field consists of two quintessential establishment types: John Cornyn of Texas and John Thune of South Dakota. While John Barrasso's name had been thrown around as one of "The Three Johns" considered top contenders, the Wyoming senator on Tuesday said he'll instead seek the number two slot as party whip. 

Paul used X to tease his potential bid for the position which -- if the GOP takes back the upper chamber in November -- could graduate from Minority Leader to Majority Leader. He started by telling his 5.1 million followers he'd had lots of people asking him about his interest in running...

...then followed up with a poll in which he predictably annihilated Cornyn and Thune, taking a 96% share as of Friday night, with the other two below 2% each. 

Elon Musk was quick to back the idea of Paul as GOP leader, while daring Cornyn and Thune to follow Paul's lead by throwing their names out for consideration by the Twitter-verse X-verse. 

Paul has been a stalwart opponent of security-state mass surveillance, foreign interventionism -- to include shoveling billions of dollars into the proxy war in Ukraine -- and out-of-control spending in general. He demonstrated the latter passion on the Senate floor this week as he ridiculed the latest kick-the-can spending package:   

In February, Paul used Senate rules to force his colleagues into a grueling Super Bowl weekend of votes, as he worked to derail a $95 billion foreign aid bill. "I think we should stay here as long as it takes,” said Paul. “If it takes a week or a month, I’ll force them to stay here to discuss why they think the border of Ukraine is more important than the US border.”

Don't expect a Majority Leader Paul to ditch the filibuster -- he's been a hardy user of the legislative delay tactic. In 2013, he spoke for 13 hours to fight the nomination of John Brennan as CIA director. In 2015, he orated for 10-and-a-half-hours to oppose extension of the Patriot Act

Rand Paul amid his 10 1/2 hour filibuster in 2015

Among the general public, Paul is probably best known as Capitol Hill's chief tormentor of Dr. Anthony Fauci, who was director of the National Institute of Allergy and Infectious Disease during the Covid-19 pandemic. Paul says the evidence indicates the virus emerged from China's Wuhan Institute of Virology. He's accused Fauci and other members of the US government public health apparatus of evading questions about their funding of the Chinese lab's "gain of function" research, which takes natural viruses and morphs them into something more dangerous. Paul has pointedly said that Fauci committed perjury in congressional hearings and that he belongs in jail "without question."   

Musk is neither the only nor the first noteworthy figure to back Paul for party leader. Just hours after McConnell announced his upcoming step-down from leadership, independent 2024 presidential candidate Robert F. Kennedy, Jr voiced his support: 

In a testament to the extent to which the establishment recoils at the libertarian-minded Paul, mainstream media outlets -- which have been quick to report on other developments in the majority leader race -- pretended not to notice that Paul had signaled his interest in the job. More than 24 hours after Paul's test-the-waters tweet-fest began, not a single major outlet had brought it to the attention of their audience. 

That may be his strongest endorsement yet. 

Tyler Durden Sun, 03/10/2024 - 20:25

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International

‘I couldn’t stand the pain’: the Turkish holiday resort that’s become an emergency dental centre for Britons who can’t get treated at home

The crisis in NHS dentistry is driving increasing numbers abroad for treatment. Here are some of their stories.

This clinic in the Turkish resort of Antalya is the official 'dental sponsor' of the Miss England competition. Diana Ibanez-Tirado, Author provided

It’s a hot summer day in the Turkish city of Antalya, a Mediterranean resort with golden beaches, deep blue sea and vibrant nightlife. The pool area of the all-inclusive resort is crammed with British people on sun loungers – but they aren’t here for a holiday. This hotel is linked to a dental clinic that organises treatment packages, and most of these guests are here to see a dentist.

From Norwich, two women talk about gums and injections. A man from Wales holds a tissue close to his mouth and spits blood – he has just had two molars extracted.

The dental clinic organises everything for these dental “tourists” throughout their treatment, which typically lasts from three to 15 days. The stories I hear of what has caused them to travel to Turkey are strikingly similar: all have struggled to secure dental treatment at home on the NHS.

“The hotel is nice and some days I go to the beach,” says Susan*, a hairdresser in her mid-30s from Norwich. “But really, we aren’t tourists like in a proper holiday. We come here because we have no choice. I couldn’t stand the pain.”

Seaside beach resort with mountains in the distance
The Turkish Mediterranean resort of Antalya. Akimov Konstantin/Shutterstock

This is Susan’s second visit to Antalya. She explains that her ordeal started two years earlier:

I went to an NHS dentist who told me I had gum disease … She did some cleaning to my teeth and gums but it got worse. When I ate, my teeth were moving … the gums were bleeding and it was very painful. I called to say I was in pain but the clinic was not accepting NHS patients any more.

The only option the dentist offered Susan was to register as a private patient:

I asked how much. They said £50 for x-rays and then if the gum disease got worse, £300 or so for extraction. Four of them were moving – imagine: £1,200 for losing your teeth! Without teeth I’d lose my clients, but I didn’t have the money. I’m a single mum. I called my mum and cried.

Susan’s mother told her about a friend of hers who had been to Turkey for treatment, then together they found a suitable clinic:

The prices are so much cheaper! Tooth extraction, x-rays, consultations – it all comes included. The flight and hotel for seven days cost the same as losing four teeth in Norwich … I had my lower teeth removed here six months ago, now I’ve got implants … £2,800 for everything – hotel, transfer, treatments. I only paid the flights separately.

In the UK, roughly half the adult population suffers from periodontitis – inflammation of the gums caused by plaque bacteria that can lead to irreversible loss of gums, teeth, and bone. Regular reviews by a dentist or hygienist are required to manage this condition. But nine out of ten dental practices cannot offer NHS appointments to new adult patients, while eight in ten are not accepting new child patients.

Some UK dentists argue that Britons who travel abroad for treatment do so mainly for cosmetic procedures. They warn that dental tourism is dangerous, and that if their treatment goes wrong, dentists in the UK will be unable to help because they don’t want to be responsible for further damage. Susan shrugs this off:

Dentists in England say: ‘If you go to Turkey, we won’t touch you [afterwards].’ But I don’t worry because there are no appointments at home anyway. They couldn’t help in the first place, and this is why we are in Turkey.

‘How can we pay all this money?’

As a social anthropologist, I travelled to Turkey a number of times in 2023 to investigate the crisis of NHS dentistry, and the journeys abroad that UK patients are increasingly making as a result. I have relatives in Istanbul and have been researching migration and trading patterns in Turkey’s largest city since 2016.

In August 2023, I visited the resort in Antalya, nearly 400 miles south of Istanbul. As well as Susan, I met a group from a village in Wales who said there was no provision of NHS dentistry back home. They had organised a two-week trip to Turkey: the 12-strong group included a middle-aged couple with two sons in their early 20s, and two couples who were pensioners. By going together, Anya tells me, they could support each other through their different treatments:

I’ve had many cavities since I was little … Before, you could see a dentist regularly – you didn’t even think about it. If you had pain or wanted a regular visit, you phoned and you went … That was in the 1990s, when I went to the dentist maybe every year.

Anya says that once she had children, her family and work commitments meant she had no time to go to the dentist. Then, years later, she started having serious toothache:

Every time I chewed something, it hurt. I ate soups and soft food, and I also lost weight … Even drinking was painful – tea: pain, cold water: pain. I was taking paracetamol all the time! I went to the dentist to fix all this, but there were no appointments.

Anya was told she would have to wait months, or find a dentist elsewhere:

A private clinic gave me a list of things I needed done. Oh my God, almost £6,000. My husband went too – same story. How can we pay all this money? So we decided to come to Turkey. Some people we know had been here, and others in the village wanted to come too. We’ve brought our sons too – they also need to be checked and fixed. Our whole family could be fixed for less than £6,000.

By the time they travelled, Anya’s dental problems had turned into a dental emergency. She says she could not live with the pain anymore, and was relying on paracetamol.

In 2023, about 6 million adults in the UK experienced protracted pain (lasting more than two weeks) caused by toothache. Unintentional paracetamol overdose due to dental pain is a significant cause of admissions to acute medical units. If left untreated, tooth infections can spread to other parts of the body and cause life-threatening complications – and on rare occasions, death.

In February 2024, police were called to manage hundreds of people queuing outside a newly opened dental clinic in Bristol, all hoping to be registered or seen by an NHS dentist. One in ten Britons have admitted to performing “DIY dentistry”, of which 20% did so because they could not find a timely appointment. This includes people pulling out their teeth with pliers and using superglue to repair their teeth.

In the 1990s, dentistry was almost entirely provided through NHS services, with only around 500 solely private dentists registered. Today, NHS dentist numbers in England are at their lowest level in a decade, with 23,577 dentists registered to perform NHS work in 2022-23, down 695 on the previous year. Furthermore, the precise division of NHS and private work that each dentist provides is not measured.

The COVID pandemic created longer waiting lists for NHS treatment in an already stretched public service. In Bridlington, Yorkshire, people are now reportedly having to wait eight-to-nine years to get an NHS dental appointment with the only remaining NHS dentist in the town.

In his book Patients of the State (2012), Argentine sociologist Javier Auyero describes the “indignities of waiting”. It is the poor who are mostly forced to wait, he writes. Queues for state benefits and public services constitute a tangible form of power over the marginalised. There is an ethnic dimension to this story, too. Data suggests that in the UK, patients less likely to be effective in booking an NHS dental appointment are non-white ethnic groups and Gypsy or Irish travellers, and that it is particularly challenging for refugees and asylum-seekers to access dental care.


This article is part of Conversation Insights
The Insights team generates long-form journalism derived from interdisciplinary research. The team is working with academics from different backgrounds who have been engaged in projects aimed at tackling societal and scientific challenges.


In 2022, I experienced my own dental emergency. An infected tooth was causing me debilitating pain, and needed root canal treatment. I was advised this would cost £71 on the NHS, plus £307 for a follow-up crown – but that I would have to wait months for an appointment. The pain became excruciating – I could not sleep, let alone wait for months. In the same clinic, privately, I was quoted £1,300 for the treatment (more than half my monthly income at the time), or £295 for a tooth extraction.

I did not want to lose my tooth because of lack of money. So I bought a flight to Istanbul immediately for the price of the extraction in the UK, and my tooth was treated with root canal therapy by a private dentist there for £80. Including the costs of travelling, the total was a third of what I was quoted to be treated privately in the UK. Two years on, my treated tooth hasn’t given me any more problems.

A better quality of life

Not everyone is in Antalya for emergency procedures. The pensioners from Wales had contacted numerous clinics they found on the internet, comparing prices, treatments and hotel packages at least a year in advance, in a carefully planned trip to get dental implants – artificial replacements for tooth roots that help support dentures, crowns and bridges.

Street view of a dental clinic in Antalya, Turkey
Dental clinic in Antalya, Turkey. Diana Ibanez-Tirado, CC BY-NC-ND

In Turkey, all the dentists I speak to (most of whom cater mainly for foreigners, including UK nationals) consider implants not a cosmetic or luxurious treatment, but a development in dentistry that gives patients who are able to have the procedure a much better quality of life. This procedure is not available on the NHS for most of the UK population, and the patients I meet in Turkey could not afford implants in private clinics back home.

Paul is in Antalya to replace his dentures, which have become uncomfortable and irritating to his gums, with implants. He says he couldn’t find an appointment to see an NHS dentist. His wife Sonia went through a similar procedure the year before and is very satisfied with the results, telling me: “Why have dentures that you need to put in a glass overnight, in the old style? If you can have implants, I say, you’re better off having them.”

Most of the dental tourists I meet in Antalya are white British: this city, known as the Turkish Riviera, has developed an entire economy catering to English-speaking tourists. In 2023, more than 1.3 million people visited the city from the UK, up almost 15% on the previous year.


Read more: NHS dentistry is in crisis – are overseas dentists the answer?


In contrast, the Britons I meet in Istanbul are predominantly from a non-white ethnic background. Omar, a pensioner of Pakistani origin in his early 70s, has come here after waiting “half a year” for an NHS appointment to fix the dental bridge that is causing him pain. Omar’s son had been previously for a hair transplant, and was offered a free dental checkup by the same clinic, so he suggested it to his father. Having worked as a driver for a manufacturing company for two decades in Birmingham, Omar says he feels disappointed to have contributed to the British economy for so long, only to be “let down” by the NHS:

At home, I must wait and wait and wait to get a bridge – and then I had many problems with it. I couldn’t eat because the bridge was uncomfortable and I was in pain, but there were no appointments on the NHS. I asked a private dentist and they recommended implants, but they are far too expensive [in the UK]. I started losing weight, which is not a bad thing at the beginning, but then I was worrying because I couldn’t chew and eat well and was losing more weight … Here in Istanbul, I got dental implants – US$500 each, problem solved! In England, each implant is maybe £2,000 or £3,000.

In the waiting area of another clinic in Istanbul, I meet Mariam, a British woman of Iraqi background in her late 40s, who is making her second visit to the dentist here. Initially, she needed root canal therapy after experiencing severe pain for weeks. Having been quoted £1,200 in a private clinic in outer London, Mariam decided to fly to Istanbul instead, where she was quoted £150 by a dentist she knew through her large family. Even considering the cost of the flight, Mariam says the decision was obvious:

Dentists in England are so expensive and NHS appointments so difficult to find. It’s awful there, isn’t it? Dentists there blamed me for my rotten teeth. They say it’s my fault: I don’t clean or I ate sugar, or this or that. I grew up in a village in Iraq and didn’t go to the dentist – we were very poor. Then we left because of war, so we didn’t go to a dentist … When I arrived in London more than 20 years ago, I didn’t speak English, so I still didn’t go to the dentist … I think when you move from one place to another, you don’t go to the dentist unless you are in real, real pain.

In Istanbul, Mariam has opted not only for the urgent root canal treatment but also a longer and more complex treatment suggested by her consultant, who she says is a renowned doctor from Syria. This will include several extractions and implants of back and front teeth, and when I ask what she thinks of achieving a “Hollywood smile”, Mariam says:

Who doesn’t want a nice smile? I didn’t come here to be a model. I came because I was in pain, but I know this doctor is the best for implants, and my front teeth were rotten anyway.

Dentists in the UK warn about the risks of “overtreatment” abroad, but Mariam appears confident that this is her opportunity to solve all her oral health problems. Two of her sisters have already been through a similar treatment, so they all trust this doctor.

Alt text
An Istanbul clinic founded by Afghan dentists has a message for its UK customers. Diana Ibanez-Tirado, CC BY-NC-ND

The UK’s ‘dental deserts’

To get a fuller understanding of the NHS dental crisis, I’ve also conducted 20 interviews in the UK with people who have travelled or were considering travelling abroad for dental treatment.

Joan, a 50-year-old woman from Exeter, tells me she considered going to Turkey and could have afforded it, but that her back and knee problems meant she could not brave the trip. She has lost all her lower front teeth due to gum disease and, when I meet her, has been waiting 13 months for an NHS dental appointment. Joan tells me she is living in “shame”, unable to smile.

In the UK, areas with extremely limited provision of NHS dental services – known as as “dental deserts” – include densely populated urban areas such as Portsmouth and Greater Manchester, as well as many rural and coastal areas.

In Felixstowe, the last dentist taking NHS patients went private in 2023, despite the efforts of the activist group Toothless in Suffolk to secure better access to NHS dentists in the area. It’s a similar story in Ripon, Yorkshire, and in Dumfries & Galloway, Scotland, where nearly 25,000 patients have been de-registered from NHS dentists since 2021.

Data shows that 2 million adults must travel at least 40 miles within the UK to access dental care. Branding travel for dental care as “tourism” carries the risk of disguising the elements of duress under which patients move to restore their oral health – nationally and internationally. It also hides the immobility of those who cannot undertake such journeys.

The 90-year-old woman in Dumfries & Galloway who now faces travelling for hours by bus to see an NHS dentist can hardly be considered “tourism” – nor the Ukrainian war refugees who travelled back from West Sussex and Norwich to Ukraine, rather than face the long wait to see an NHS dentist.

Many people I have spoken to cannot afford the cost of transport to attend dental appointments two hours away – or they have care responsibilities that make it impossible. Instead, they are forced to wait in pain, in the hope of one day securing an appointment closer to home.

Billboard advertising a dental clinic in Turkey
Dental clinics have mushroomed in recent years in Turkey, thanks to the influx of foreign patients seeking a wide range of treatments. Diana Ibanez-Tirado, CC BY-NC-ND

‘Your crisis is our business’

The indignities of waiting in the UK are having a big impact on the lives of some local and foreign dentists in Turkey. Some neighbourhoods are rapidly changing as dental and other health clinics, usually in luxurious multi-storey glass buildings, mushroom. In the office of one large Istanbul medical complex with sections for hair transplants and dentistry (plus one linked to a hospital for more extensive cosmetic surgery), its Turkish owner and main investor tells me:

Your crisis is our business, but this is a bazaar. There are good clinics and bad clinics, and unfortunately sometimes foreign patients do not know which one to choose. But for us, the business is very good.

This clinic only caters to foreign patients. The owner, an architect by profession who also developed medical clinics in Brazil, describes how COVID had a major impact on his business:

When in Europe you had COVID lockdowns, Turkey allowed foreigners to come. Many people came for ‘medical tourism’ – we had many patients for cosmetic surgery and hair transplants. And that was when the dental business started, because our patients couldn’t see a dentist in Germany or England. Then more and more patients started to come for dental treatments, especially from the UK and Ireland. For them, it’s very, very cheap here.

The reasons include the value of the Turkish lira relative to the British pound, the low cost of labour, the increasing competition among Turkish clinics, and the sheer motivation of dentists here. While most dentists catering to foreign patients are from Turkey, others have arrived seeking refuge from war and violence in Syria, Iraq, Afghanistan, Iran and beyond. They work diligently to rebuild their lives, careers and lost wealth.

Regardless of their origin, all dentists in Turkey must be registered and certified. Hamed, a Syrian dentist and co-owner of a new clinic in Istanbul catering to European and North American patients, tells me:

I know that you say ‘Syrian’ and people think ‘migrant’, ‘refugee’, and maybe think ‘how can this dentist be good?’ – but Syria, before the war, had very good doctors and dentists. Many of us came to Turkey and now I have a Turkish passport. I had to pass the exams to practise dentistry here – I study hard. The exams are in Turkish and they are difficult, so you cannot say that Syrian doctors are stupid.

Hamed talks excitedly about the latest technology that is coming to his profession: “There are always new materials and techniques, and we cannot stop learning.” He is about to travel to Paris to an international conference:

I can say my techniques are very advanced … I bet I put more implants and do more bone grafting and surgeries every week than any dentist you know in England. A good dentist is about practice and hand skills and experience. I work hard, very hard, because more and more patients are arriving to my clinic, because in England they don’t find dentists.

Dental equipment in a Turkish treatment room
Dentists in Turkey boast of using the latest technology. Diana Ibanez-Tirado, CC BY-NC-ND

While there is no official data about the number of people travelling from the UK to Turkey for dental treatment, investors and dentists I speak to consider that numbers are rocketing. From all over the world, Turkey received 1.2 million visitors for “medical tourism” in 2022, an increase of 308% on the previous year. Of these, about 250,000 patients went for dentistry. One of the most renowned dental clinics in Istanbul had only 15 British patients in 2019, but that number increased to 2,200 in 2023 and is expected to reach 5,500 in 2024.

Like all forms of medical care, dental treatments carry risks. Most clinics in Turkey offer a ten-year guarantee for treatments and a printed clinical history of procedures carried out, so patients can show this to their local dentists and continue their regular annual care in the UK. Dental treatments, checkups and maintaining a good oral health is a life-time process, not a one-off event.

Many UK patients, however, are caught between a rock and a hard place – criticised for going abroad, yet unable to get affordable dental care in the UK before and after their return. The British Dental Association has called for more action to inform these patients about the risks of getting treated overseas – and has warned UK dentists about the legal implications of treating these patients on their return. But this does not address the difficulties faced by British patients who are being forced to go abroad in search of affordable, often urgent dental care.

A global emergency

The World Health Organization states that the explosion of oral disease around the world is a result of the “negligent attitude” that governments, policymakers and insurance companies have towards including oral healthcare under the umbrella of universal healthcare. It as if the health of our teeth and mouth is optional; somehow less important than treatment to the rest of our body. Yet complications from untreated tooth decay can lead to hospitalisation.

The main causes of oral health diseases are untreated tooth decay, severe gum disease, toothlessness, and cancers of the lip and oral cavity. Cases grew during the pandemic, when little or no attention was paid to oral health. Meanwhile, the global cosmetic dentistry market is predicted to continue growing at an annual rate of 13% for the rest of this decade, confirming the strong relationship between socioeconomic status and access to oral healthcare.

In the UK since 2018, there have been more than 218,000 admissions to hospital for rotting teeth, of which more than 100,000 were children. Some 40% of children in the UK have not seen a dentist in the past 12 months. The role of dentists in prevention of tooth decay and its complications, and in the early detection of mouth cancer, is vital. While there is a 90% survival rate for mouth cancer if spotted early, the lack of access to dental appointments is causing cases to go undetected.

The reasons for the crisis in NHS dentistry are complex, but include: the real-term cuts in funding to NHS dentistry; the challenges of recruitment and retention of dentists in rural and coastal areas; pay inequalities facing dental nurses, most of them women, who are being badly hit by the cost of living crisis; and, in England, the 2006 Dental Contract that does not remunerate dentists in a way that encourages them to continue seeing NHS patients.

The UK is suffering a mass exodus of the public dentistry workforce, with workers leaving the profession entirely or shifting to the private sector, where payments and life-work balance are better, bureaucracy is reduced, and prospects for career development look much better. A survey of general dental practitioners found that around half have reduced their NHS work since the pandemic – with 43% saying they were likely to go fully private, and 42% considering a career change or taking early retirement.

Reversing the UK’s dental crisis requires more commitment to substantial reform and funding than the “recovery plan” announced by Victoria Atkins, the secretary of state for health and social care, on February 7.

The stories I have gathered show that people travelling abroad for dental treatment don’t see themselves as “tourists” or vanity-driven consumers of the “Hollywood smile”. Rather, they have been forced by the crisis in NHS dentistry to seek out a service 1,500 miles away in Turkey that should be a basic, affordable right for all, on their own doorstep.

*Names in this article have been changed to protect the anonymity of the interviewees.


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Diana Ibanez Tirado receives funding from the School of Global Studies, University of Sussex.

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Beloved mall retailer files Chapter 7 bankruptcy, will liquidate

The struggling chain has given up the fight and will close hundreds of stores around the world.

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It has been a brutal period for several popular retailers. The fallout from the covid pandemic and a challenging economic environment have pushed numerous chains into bankruptcy with Tuesday Morning, Christmas Tree Shops, and Bed Bath & Beyond all moving from Chapter 11 to Chapter 7 bankruptcy liquidation.

In all three of those cases, the companies faced clear financial pressures that led to inventory problems and vendors demanding faster, or even upfront payment. That creates a sort of inevitability.

Related: Beloved retailer finds life after bankruptcy, new famous owner

When a retailer faces financial pressure it sets off a cycle where vendors become wary of selling them items. That leads to barren shelves and no ability for the chain to sell its way out of its financial problems. 

Once that happens bankruptcy generally becomes the only option. Sometimes that means a Chapter 11 filing which gives the company a chance to negotiate with its creditors. In some cases, deals can be worked out where vendors extend longer terms or even forgive some debts, and banks offer an extension of loan terms.

In other cases, new funding can be secured which assuages vendor concerns or the company might be taken over by its vendors. Sometimes, as was the case with David's Bridal, a new owner steps in, adds new money, and makes deals with creditors in order to give the company a new lease on life.

It's rare that a retailer moves directly into Chapter 7 bankruptcy and decides to liquidate without trying to find a new source of funding.

Mall traffic has varied depending upon the type of mall.

Image source: Getty Images

The Body Shop has bad news for customers  

The Body Shop has been in a very public fight for survival. Fears began when the company closed half of its locations in the United Kingdom. That was followed by a bankruptcy-style filing in Canada and an abrupt closure of its U.S. stores on March 4.

"The Canadian subsidiary of the global beauty and cosmetics brand announced it has started restructuring proceedings by filing a Notice of Intention (NOI) to Make a Proposal pursuant to the Bankruptcy and Insolvency Act (Canada). In the same release, the company said that, as of March 1, 2024, The Body Shop US Limited has ceased operations," Chain Store Age reported.

A message on the company's U.S. website shared a simple message that does not appear to be the entire story.

"We're currently undergoing planned maintenance, but don't worry we're due to be back online soon."

That same message is still on the company's website, but a new filing makes it clear that the site is not down for maintenance, it's down for good.

The Body Shop files for Chapter 7 bankruptcy

While the future appeared bleak for The Body Shop, fans of the brand held out hope that a savior would step in. That's not going to be the case. 

The Body Shop filed for Chapter 7 bankruptcy in the United States.

"The US arm of the ethical cosmetics group has ceased trading at its 50 outlets. On Saturday (March 9), it filed for Chapter 7 insolvency, under which assets are sold off to clear debts, putting about 400 jobs at risk including those in a distribution center that still holds millions of dollars worth of stock," The Guardian reported.

After its closure in the United States, the survival of the brand remains very much in doubt. About half of the chain's stores in the United Kingdom remain open along with its Australian stores. 

The future of those stores remains very much in doubt and the chain has shared that it needs new funding in order for them to continue operating.

The Body Shop did not respond to a request for comment from TheStreet.   

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