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Europe adopts privacy shield

The European Commission has adopted the EU-US privacy shield, a framework that "protects the fundamental rights of anyone in the EU whose personal data is transferred to the US as well as bringing legal clarity for businesses relying on transatlantic data transfers". Under the new arrangement, the US Department of Commerce will conduct regular updates and reviews of participating companies to ensure that companies follow the rules they submit themselves to. The US has also given the EU assurance that the access of public authorities for law enforcement and national security is subject to clear limitations, safeguards and oversight mechanisms. "Any citizen who considers that their data has been misused under the privacy shield scheme will benefit from several accessible and affordable dispute resolution mechanisms. Ideally, the complaint will be resolved by the company itself; or free of charge alternative dispute resolution solutions will be offered. Individuals can also go to their national data protection authorities, who will work with the US Federal Trade Commission to ensure that complaints by EU citizens are investigated and resolved. See http://bit.ly/29tVBmk While broadly welcomed, Kuan Hon, a consultant lawyer at Pinsent Masons, was not so convinced, stating: "It's very likely that the privacy shield will be challenged by activists or data protection authorities, but it depends on what concessions the Commission managed to get from the US – especially on mass surveillance." Read more

 

  • Wednesday, 20 July 2016

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