US starts laying the groundwork for EU Privacy Shield

By | March 11, 2016

Privacy Shield is going to replace the Safe Harbor agreement for data transfer between the EU and US – as the Safe Harbor agreement was struck down as invalid by the courts. It should provide more personal protections. The question is, however, whether that is sufficient.

One of the biggest loopholes is that the new US bills cannot 'impede national security interests' – and national security interests has been demonstrated in the past to be very broadly applied, such that the potential for abuse still remains.

We'll have to see how the EU reacts.

Senate passes privacy bill key to two international agreements
The bill gives EU citizens the right to challenge misuse of their data in U.S. courts.

4 thoughts on “US starts laying the groundwork for EU Privacy Shield

  1. Sophie Wrobel

    +Per Siden bluntly put, it's primary motive is, and has always been, to allow US companies access to the European market. But the way it looks right now, it almost deserves to be struck down again.

  2. Per Siden

    EFF evaluated the proposed agreement.

    "When the CJEU tore up the previous Safe Harbor agreement, it was in part because 'legislation permitting the public authorities to have access on a generalised basis to the content of electronic communications must be regarded as compromising the essence of the fundamental right to respect for private life'. In other words, untargeted wholesale spying on non-U.S. persons is enough to undermine any assurances American companies have made to the EU authorities that they would comply with the EU’s data protection standards."

    Their verdict:
    "It’s unclear what, if anything, the new Privacy Shield is supposed to be shielding people from— except perhaps shielding U.S. companies from the inevitable consequences of their country’s mass surveillance program."

    Or put bluntly, it's not worth the paper its written on. Challenged it may very well be struck down by CJEU again.

  3. Jake Weisz

    Yeah, unfortunately, I can't see where this ends up being much better than Safe Harbor in reality. Though even hosting the data in the EU doesn't help, because the NSA has shown it's more than happy to eavesdrop over there too.


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