Update: The US Commerce Department has released a “fact sheet” on the new Privacy Shield agreement. The European Commission has issued a press release that gives an outline of some key changes to the EU-US safe harbor, now dubbed the “Privacy Shield.” The new accord still needs to be reviewed by the Article 29 Working… Continue Reading
According to press reports, European Union and U.S. negotiators in Brussels finalized what is being called a “political agreement” on a new Safe Harbor transatlantic data transfer agreement. European Union justice commissioner Vera Jourová will present the agreement to the European Commission’s 28 commissioners today.
No news is not good news this time. The January 31 deadline for getting a new Safe Harbor Agreement in place came and went last weekend. Commissioner Jourova, who is leading the Safe Harbor 2.0 negotiations for the EU, reported on the negotiation’s status last evening to LIBE, the European Parliament committee that oversees privacy… Continue Reading
If you would like to learn more about the politics and law behind the current Safe Harbor 2.0 negotiations, download the podcast of Running Aground in the Surveillance Safe Harbor, a teleforum hosted by the Federalist Society. The podcast features moderator Matthew R.A. Heiman, Vice President, Chief Compliance & Audit Officer, Tyco International; Stewart A. Baker, Partner, Steptoe &… Continue Reading
One of the fascinating aspects of the privacy-related negotiations between the EU and the US over the past couple of years has been the EU’s efforts to decouple trade (e.g, TTIP) and security-related negotiations from the Safe Harbor 2.0 negotiations. The US Senate’s Judiciary Committee pushed back firmly on that yesterday when it adopted amendments… Continue Reading
There’s no doubt businesses in the EU and US would breathe a sigh of relief if a new Safe Harbor agreement is put in place between before European data protection authorities start prosecuting companies for potentially illegal personal data transfers to the US. But if it doesn’t happen, the US is actually not any worse… Continue Reading
The European Court of Human Rights recently ruled in Bărbulescu v. Romania (Application no. 61496/08) that a Romanian employer did not violate its employee’s fundamental right of privacy when the employer accessed personal messages in the employee’s Yahoo! Messenger account. Numerous newspapers and other media sources quickly declared employee privacy dead as a result of… Continue Reading
The European Union Commission has issued a fact sheet on the new General Data Protection Regulation (final post-trilogue text available via Statewatch). The Commission claims that the Regulation is good for individuals and good for business. We’ll leave that to readers . . . and history . . . .to decide. As regulations go, the… Continue Reading
Don’t forget to join us tomorrow afternoon – Tuesday – at 1 PM ET for a webinar discussion on the New EU General Data Protection Regulation. What’s next? What are the key changes? What do you need to do to prepare? Registration is here.
As expected, the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (also known as LIBE) voted today to adopt the new General Data Protection Regulation (see the summary we provided yesterday here). A LIBE press release announced the vote with the proclamation “New EU rules on data protection put the citizen back in the driving seat.” The vote was… Continue Reading
Updated at 8:50 pm GMT on 16 December 2015. The new General Data Protection Regulation is effectively a “done deal” following the final trilogue meeting on December 15. One might assume based on UK media coverage that the biggest change in EU privacy law is that kids under 16 will need their parent’s consent to… Continue Reading
And the days dwindle down, to a precious few … November … We are still following developments in the EU relating to the invalidation of the US-EU Safe Harbor Framework. In case you were on a secluded island during the month of October, you can catch up here. European Commission Issues Communication. On Friday, the… Continue Reading
EU Commissioner Vera Jourova recently announced in a speech to the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) that the Commission and the US have made substantial progress in finalizing a new Safe Harbor program. Jourova noted that the collection and use of European personal data for US national security purposes… Continue Reading
As all of our readers know by now, as of October 6, the US-EU Safe Harbor Framework is no more. Safe Harbor was the mechanism on which thousands of US companies (and thousands of companies based in the European Union) legitimized their data transfers from the EU to the US. All the background, including links to a… Continue Reading
The Irish High Court today has ordered the Irish Data Protection Commissioner (DPC) to investigate Facebook’s European data privacy practices, bringing Max Schrems’ three-year fight full circle. The Court today quashed the original DPC refusal to examine Schrems’ complaint that came back to the High Court after the referral to the European Court of Justice… Continue Reading
The so-called “Article 29 Working Party” of EU Data protection officials from the 28 EU member states today released a much-anticipated press release regarding the Court of Justice of the European Union (CJEU) landmark decision invalidating the US-EU Safe Harbor framework. US companies hoping for some guidance on managing cross-border data transfers will be sorely disappointed…. Continue Reading
The EU Parliament committee that is charged with considering data protection matters (LIBE) has issued a press release calling on the European Commission to take action before the end of 2015 to come up with alternatives to Safe Harbor. Importantly, LIBE has also called on the Commission to reassess whether the European Court of Justice’s… Continue Reading
Don’t forget to join us this afternoon – Wednesday – at 3 PM ET for a webinar discussion of the European Court of Justice’s game changing decision invalidating the US-EU Safe Harbor framework. What’s next? What should be your Plan B? Registration is here.
As I reported earlier today, the Court of Justice of the EU (ECJ) has declared Safe Harbor invalid. The full decision is now available online in English here (other languages also available at curia.europa.eu by searching on C-362/14). There are two key elements of the ECJ’s decision. The first is that national data protection… Continue Reading
UPDATE: Here’s a link to the English-language version of the ECJ’s full decision: Schrems Safe Harbor Decision A press release issued by the Court of Justice of the EU (ECJ) regarding its decision in the Schrems Safe Harbor case (C-362/14) confirms that the ECJ has declared Safe Harbor invalid. The ECJ has sent the case back… Continue Reading
Since the Snowden revelations, trouble has been brewing for the EU-US Safe Harbor program and companies which utilize this program to make transfers of personal information from the EU to the US legal under EU privacy laws. On October 6, the uncertainty generated last week by Advocate General Yves Bot’s opinion invalidating Safe Harbor will… Continue Reading
The European Court of Justice (ECJ) has announced that it will release its decision in the Schrems Safe Harbor case on Tuesday, October 6. It is highly unusual for the ECJ to issue a decision so quickly after publication of the Advocate General’s opinion on a case. However, the ECJ seems to be… Continue Reading
Does your company rely on Safe Harbor to transfer personal data from Europe to the US? If so, it’s time to think about alternatives to Safe Harbor – and fast. The European Union’s Data Protection Directive (1998) prohibits the transfer of personal information outside of the European Economic Area unless the receiving country ensures… Continue Reading
Giovanni Buttarelli, the European Data Protection Supervisor (EDPS), recently announced the formation of a new external Ethics Board that will do a deep dive into the complex ethical issues that surround the use of personal data in the “big data” economy. (See press release and full opinion links here.) The EDPS is particularly concerned… Continue Reading