The American Civil Liberties Union said Biden's order is “a step in the right direction” but lacks adequate safeguards for Europeans or Americans. “The moment EU citizens’ data travels across the Atlantic, it will not be afforded similar protections as in the EU." still have a different approach to data protection which cannot be cancelled out by an executive order," said the group's deputy director general, Ursula Pachl. authorities try to paper over the cracks of the original Privacy Shield, the reality is that the EU and U.S. National Security Agency contractor Edward Snowden.Įuropean consumer group BEUC said despite the extra safeguards, fundamental differences between American and European privacy and data protection standards are too wide to bridge. government cyber-snooping from former U.S. The first legal challenge was filed by Austrian lawyer and privacy activist Schrems, who was concerned about how Facebook handled his data in light of 2013 revelations about U.S. Twice, in 2015 and again in 2020, the European Union's top court struck down data privacy framework agreements between Washington and Brussels. A revived framework “will enable the continued flow of data that underpins more than $1 trillion in cross-border trade and investment every year,” Raimondo said. ![]() Raimondo said the new commitments would address European Union legal concerns covering personal data transfers to the U.S. The European Union’s executive arm, the European Commission, said the framework has “significant improvements" over the original Privacy Shield and it would now work on adopting a final decision clearing the way for data to flow freely between EU and U.S. The next step: Raimondo's office was to send a series of letters to the 27-member EU that its officials can assess as the basis of a new framework. Industry groups largely welcomed Biden's order but European consumer rights and privacy campaigners, including activist Max Schrems whose complaint kicked off the legal battle a decade earlier, were skeptical whether it goes far enough and could end up in the bloc's top court again.įriday's order narrows the scope of intelligence gathering - regardless of a target's nationality - to “validated intelligence priorities," fortifies the mandate of the Civil Liberties Protection Officer in the Office of the Director of National Intelligence and directs the attorney general to establish an independent court to review related activities.Įuropeans can petition that Data Protection Review Court, which is to be composed of judges appointed from outside the U.S. tech firms might need to keep European data out of the U.S. That has created uncertainty for tech giants including Google and Facebook’s parent company Meta, raising the prospect that U.S. ![]() ![]() Washington and Brussels have long been at odds over the friction between the European Union's stringent data privacy rules and the comparatively lax regime in the U.S., which lacks a federal privacy law. ![]() "It also requires the establishment of a multilayer redress mechanism with independent and binding authority for EU individuals to seek redress if they believe they are unlawfully targeted by U.S. The reworked Privacy Shield “includes a robust commitment to strengthen the privacy and civil liberties safeguards for signals intelligence, which should ensure the privacy of EU personal data," Commerce Secretary Gina Raimondo told reporters. privacy advocates, including the American Civil Liberties Union, satisfied. However, the European privacy campaigner who triggered the battle didn't think it resolved core issues and warned of more legal wrangling.
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