WP29 refuse to endorse Privacy Shield scheme. As anticipated the Article 29 Working Party (often known as WP29), a group of the EU’s data protection regulators met in Brussels today to discuss the European Commission’s Privacy Shield scheme, the proposed replacement for Safe Harbor.
As we had anticipated in our earlier alerts WP29 decided that in their view Privacy Shield does not offer adequate protection. Whilst the decision is not binding on the Commission it will be hard to ignore if Privacy Shield is to be successful, especially since enforcement is still in the hands of the data regulators who sat around the table at WP29 and not in the hands of the Commission. WP29’s position is not a surprise, especially given the rumours coming out of Germany. As we mentioned previously some German data protection authorities have had a long-held objection to Safe Harbor and they have been the most aggressive in enforcement since Safe Harbor died (for more on this see our alert here).
Amongst WP29’s criticisms are: Office: +44 (0)207 075 1784. TACD.org. Seeks Release of "Privacy Shield," Secret Data Transfer Agreement. International Privacy Safe Harbor EPIC Seeks Release of "Privacy Shield," Secret Data Transfer Agreement EPIC has filed emergency Freedom of Information requests with the US the EU for release of a secret agreement for the transfer of personal data across the Atlantic.
A new framework was required by a recent decision of the European Court of Justice. But European and American consumer organizations say the "Privacy Shield" does not provide adequate protection for the transfer of personal data. EPIC stated, “The public has a right to know whether this agreement provides adequate legal protection.” Safe Harbor : le G29 analyse les conséquences de la décision de la CJUE. 04 février 2016.
Safe Harbor Safe? The Safe Harbor deadline came and went on Sunday.
A new deal on Safe Harbor, the so-called Safe Harbor 2 may still be done with the US and EU negotiators still talking. But will it last? Background The issues behind the challenge to the original Safe Harbor by the Austrian law student Maximillian Schrems are now well known (see our earlier alerts and films here). Since the decision in October there’s been a round of shuttle diplomacy to put a new deal in place. EU-US Privacy Shield scrutinized in Article 29 Working Party initial response - Data Protection Report. On February 3, 2016, the Article 29 Working Party (WP29) released a statement on the consequences of the Schrems judgment, following an assessment of the legal framework and the practices of US intelligence services.
The WP29 expressed continuing concerns about the US framework for processing personal data for intelligence purposes, in spite of recent reforms. The statement comes on the heels of the European Commission’s announcement that an agreement had been reached with the US on a new “EU-US Privacy Shield” to replace the Safe Harbor framework. In its statement, the WP29 welcomed the agreement on the EU-US Privacy Shield, but stopped short of endorsing it. The WP29 announced that it will review the EU-US Privacy Shield to determine whether the proposed framework provides sufficient privacy protections to assuage Europe’s ongoing concerns about US privacy protections. Unfortunately, the WP29 did not specify when it intends to complete its review. Safe Harbor ripped and replaced with Privacy Shield in last-minute US-Europe deal.
European and US legislators have hammered out a last-minute deal to allow data flows across the Atlantic to continue without breaking the law.
"For the first time ever, the United States has given the EU binding assurances that the access of public authorities for national security purposes will be subject to clear limitations, safeguards and oversight mechanisms," said Europe's justice commissioner Věra Jourová. "Also for the first time, EU citizens will benefit from redress mechanisms in this area. In the context of the negotiations for this agreement, the US has assured that it does not conduct mass or indiscriminate surveillance of Europeans. We have established an annual joint review in order to closely monitor the implementation of these commitments.
" Under the terms of the new deal, which has yet to be ratified by EU members, the US will give an annual written commitment that it won't indulge in mass surveillance of EU citizens, and this will be audited by both sides once a year. Working Party Announce new 'EU-U.S. Privacy Shield' Agreement. Safe Harbor 2.0 Agreement Reached; New Program to be Named “Privacy Shield” Yesterday, the European Commission announced that EU and US officials had reached an agreement to implement a program known as the EU-US Privacy Shield.
Privacy Shield is designed to be the successor to the Safe Harbor program, which the European Court of Justice (CJEU) invalidated last October. The announcement brings some relief to the many companies that previously had self-certified their compliance with the Safe Harbor program and feared enforcement actions brought by European data protection authorities (DPAs) against those Safe Harbor adherents who had not adopted alternative means of legitimizing transatlantic data transfers after the CJEU’s decision.
However, as the Privacy Shield would not become effective for at least several more months, such enforcement actions are, theoretically, still possible. While details of the Privacy Shield program are only just emerging, the European Commission’s announcement did highlight a few important details and general themes. Privacy Shield is no Safe Harbor 2. Posted by Kevin on February 2, 2016.
Despite what you read in the press, Privacy Shield is no Safe Harbor replacement agreement between the EU and the US. What we have is an agreement between two sets of negotiators to agree talking in a generalized way in the hope of reaching an agreement that maybe could become binding. Neither of those parties have the authority to make a binding agreement. The reality is that we are as far away from a solution to this problem as we have ever been. Invitation. By Kolvin Stone | Dr.
Christian Schröder | James Drury-Smith | Paul Hansford | Emily Tabatabai | Aravind Swaminathan | Antony P. Kim The European Commission has announced that it has reached a deal to replace the EU-US Safe Harbor framework that was declared invalid last year by the Court of Justice of the European Union ("ECJ"). Heralded as the EU-US Privacy Shield (and colloquially referred to as, "Safe Harbor 2.0"), the framework should provide companies with clearer direction on safe transatlantic data transfer. Although it has been approved on both sides of the Atlantic by the Commission and the US Department of Commerce, organizations should remain cautious for the time being, as steps now need to be taken to formally implement it.
Protection of EU citizens' rights with several redress possibilities: Companies operating under the new framework will have deadlines to reply to complaints. Next Steps: This story is far from over. Privacy Shield to replace Safe Harbor for US data transfers. The European Commission has this evening announced political agreement with the United States on a new data transfer regime to replace Safe Harbor, which the CJEU declared invalid in October last year.
The announcement follows four months of intensive negotiations between the EU and the United States and comes two days after the expiry of the Commission’s self imposed deadline for reaching agreement on a new regime. What will change with Privacy Shield? The Commission has not yet published the text of the agreement reached with the United States (far less the instruments that will give legal effect to the new mechanisms), but in a press conference Commissioner Jourová and Vice-President Ansip set out the high level principles that the Commission believes will address the CJEU’s concerns with Safe Harbor: What happens next?
EU and US reach agreement on cross-border data transfer framework, but uncertainty remains - Data Protection Report. U.S. and Europe in ‘Safe Harbor’ Data Deal, but Legal Fight May Await. European officials on Tuesday agreed to a deal with the United States that would let , and thousands of other businesses continue moving people’s digital data, including social media posts and financial information, back and forth across the Atlantic. With billions of dollars of business potentially at stake, the data-transfer deal was the result of more than three months of often tense negotiations between United States and policy makers, who have clashed over what level of privacy individuals can expect when companies and government agencies follow ever-expanding digital footprints. Part of the challenge is balancing individuals’ privacy concerns with national security obligations, particularly in light of mounting fears about international terrorism.
Continue reading the main story Many obstacles still await the deal, which must be officially approved by the European Union’s 28 member states. The American negotiators, in response, agreed to provide the annual written assurances. Ms. This is just a joke. @EU_Commission sells out EU fundamental rights and puts itself at risk to be lectured by CJEU again. #safeharbor. Safe Harbor ripped and replaced with Privacy Shield in last-minute US-Europe deal. Nrd. BREAKING NEWS: Privacy Safe Harbor 2.0 Agreed – Giulio Coraggio Blog. BREAKING NEWS: Privacy Safe Harbor 2.0 Agreed Giulio Coraggio on 3 February, 2016 - 8:20 am in data protection, privacy, Sin categoría.
The EU-US Privacy Shield – A “New Deal” for Safe Harbor? « Privacy and information law blog. At the Democratic National Convention in Chicago in 1932, as America seemed endlessly trapped within the depths of its Great Depression, Governor Franklin D. Roosevelt accepted his party’s nomination to run for President and promised the American people this: “I pledge you, I pledge myself, to a new deal for the American people.” A New US-EU Safe Harbor Agreement Has Been Reached - TeachPrivacy.
Last year, the death of the US-EU Safe Harbor Arrangement sent waves of shock and despair to the approximately 4500 companies that used this mechanism to transfer personal data from the US to the EU. But a new day has dawned. EU and US reach agreement on cross-border data transfer framework, but uncertainty remains - Data Protection Report. EU Commission and United States agree on new framework for transatlantic data flows: EU-US Privacy Shield. Today, the College of Commissioners approved the political agreement reached and has mandated Vice-President Ansip and Commissioner Jourová to prepare the necessary steps to put in place the new arrangement.
This new framework will protect the fundamental rights of Europeans where their data is transferred to the United States and ensure legal certainty for businesses. Breaking News: EU-US Privacy Shield — BakerINFORM - Legal Insights on Data & Technology Trends from Baker & McKenzie. Privacy Shield or Fig Leaf? A deal has now been done on Safe Harbo(u)r - EU/US Privacy Shield. Below we summarise some of the key points from the press conference and give some initial analysis. Note that there is no agreed text of the agreement available, and no detail on any enabling instruments. In many respects this should be seen as a holding position pending the final final actual agreement. Commission, Commerce announce new EU-US data transfer agreement. After intense negotiations between senior EU and U.S. officials throughout the weekend and into this week, the European Commission announced Tuesday it has reached a new transatlantic data transfer agreement with the United States.
EU-U.S. Clinch Deal on Data Transfers After Marathon Talks. The U.S. and European Union reached a new deal to facilitate trans-Atlantic data transfers, in a last-minute agreement designed to safeguard privacy and protect technology giants and multinationals from being plunged into legal limbo. PS_update. European Commission defence of European rights sinks in an unsafe harbour. U.S. and Europe in ‘Safe Harbor’ Data Deal, but Legal Fight May Await. EU-US “Privacy Shield”: A Partial, Interim Solution. Breaking: EU-U.S. Privacy Shield to Replace Safe Harbor. Europe And US Seal ‘Privacy Shield’ Data Transfer Deal To Replace Safe Harbor. EU and US clinch data-transfer deal to replace Safe Harbour.