Europe’s DP chiefs glow warning shots forward of initial EU-US Privacy Shield review


Europe’s information insurance chiefs have dismissed a warning shot opposite a bows of a executive physique of a Union forward of a initial annual examination of a EU-US Privacy Shield.

The information send framework, that was concluded in Feb 2016 and non-stop for sign-ups final August, is now used by some-more than 2,000 companies to send a personal data of EU adults to a US for estimate but risk of breaching elemental European remoteness rights.

The core thought is a horizon that bridges dual really opposite authorised regimes.

Privacy Shield replaces a before Safe Harbor arrangement, that stood for fifteen years before being invalidated by Europe’s tip justice after a authorised plea that was mostly focused on US supervision mass notice practices as a crack of EU remoteness rights.

The replacement, that a Commission argues offer some-more strong remoteness guarantees, has always had its critics who explain it contains a same elemental flaws as a prototype arrangement, not slightest on criticism of ongoing bulk information collection practices in a US. It is already confronting authorised challenges.

It also arguably looks generally unsafe placed in Trump’s America, given a president’s apparent negligence for a rights of non-Americans. And a implications of a new ensure in a White House are clearly front of mind for a EU’s Article 29 Working Party going forward of a initial annual review; aka a physique done adult of member from Member States’ information insurance agencies.

The organisation set out a array of concerns about Privacy Shield as distant behind as April 2016. They’re now gearing adult for a annual review, due to take place in a US in September, and now contend they’ve sent a EC a minute environment out their views and recommendations, and renting a right to tell their possess news “subject to a outcome of a Joint Review and a news of a Commission”.

So, in other words, it’s a warning shot to a Commission not to try to make a examination a pantomime, tick-box exercise.

The WP29 describes a stirring examination as “a fact-finding goal in sequence to collect a applicable information and required justification to consider a robustness of a Privacy Shield”.

Its concerns camber both blurb elements and law enforcement/national confidence considerations per to a horizon — including lifting new developments in US law that competence impact remoteness (for example, in January president Trump caused alarm in Europe with an Executive Order that strips remoteness rights from non-US citizens); and a fact that a pivotal ombudsperson role, combined as partial of a information send framework, has nonetheless to be appointed.

The US is also now intent in discuss over reforming Section 702 of a FISA — that has implications for how a information of non-US adults can be treated by US inhabitant confidence agencies.

Discussing a concerns, a WP29 writes today:

… for a blurb part, a WP29 has questions concerning, among others, a existence of authorised guarantees per programmed preference creation or a existence of any superintendence done accessible by a DOC per a focus of a Privacy Shield beliefs to organisations behaving as agents/processors. Clarifications that will be sought also embody a clarification of tellurian resources data.

Regarding a law coercion and inhabitant confidence part, a WP 29 has questions relating in sold to a latest developments of US law and jurisprudence in a margin of privacy. The WP29 also seeks, inter alia, accurate justification to uncover that bulk collection, when it exists, is “as tailored as feasible”, singular and proportionate. In addition, a WP29 stresses a need to obtain information concerning a assignment of a 4 blank members of a PCLOB [Privacy and Civil Liberties Oversight Board] as good as on a appointment of a Ombudsperson and a procedures ruling a Ombudsperson mechanism, as they are pivotal elements of a slip design of a Privacy Shield.

The organisation also records that some-more questions about a robustness and operation of a arrangement might good arise during a examination routine — that it says should final during slightest dual to 3 days in sequence to concede for “sufficient time to control an assessment”.

It also says it has suggested a list of US authorities that should be partial of a Joint Review, and will be promulgation 8 of a possess crew to be partial of a examination group — from “commissioners to experts during staff level”.

“The initial corner annual review will be… a pivotal impulse for a WP 29 to consider a robustness and efficacy of a Privacy Shield mechanism,” it adds.

At a time of essay a EC had not responded to a ask for comment.

Featured Image: Sebastien Wiertz/Flickr UNDER A CC BY 2.0 LICENSE

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Posted by on Jun 13 2017. Filed under Europe. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

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