the Privacy Shield, a new framework law on the transfer of EU personal data in the US has just been adopted by the 28 EU states. Let us examine its strengths and weaknesses in relation to the current framework.
The regulatory system to oversee the transfer of data between Europe and the US was signed by 28 representatives of countries of the European Union on 8 July e . This law called "Privacy Shield" has replaced the agreement "Safe Harbor" who was 15. The latter was replaced in October 2015, following a decision of the European Court of Justice (ECJ), in particular after the famous Snowden leaks. In fact, the ECJ held that European data is not sufficiently protected.
Mrs. Jourová, the European Commissioner for Justice, consumer rights and gender equality, seemed happy after some rather complicated discussions with the US authorities. "For the first time, the United States provided some written assurance to the EU that the government access to data for law enforcement and national security would be subject to restrictions, conditions and mechanisms well defined monitoring and excluded mass surveillance targeting European citizens' data. "This last remark explicitly targets the Snowden case.
However, according to the personal data protection associations, this new agreement has yet to prove it is worth it. Indeed, in April 2016, when the first draft was discussed, the G29, which brings together all the European institutions in charge of telecommunications data and the protection of web users consider only whether the agreement has shown some improvements some specific points should be strengthened. . The mass monitoring point, which led to the end, the Safe Harbor, has not yet been set
According to the French organization La Quadrature du Net, Privacy Shield creates some problems: for example he does not take on agreements between companies or with the internal rules for multinationals that have been defined since the end of the Safe Harbor. In fact, a company can apply its own rules, even if they go against the Privacy Shield. The association also highlights the difference in the definition of "mass surveillance" between Europe and the United States, where "massive collection of data" does not fall under mass surveillance, though it is the case in Europe.
The new agreement still provides significant advance in the field of personal data protection, including the establishment of a referral system for European citizens to the United States. In addition, there will be more transparent regarding corporate control and, according to the text, penalties for offenders will be more important. It is also expected to be reviewed and updated each year, unlike the old law, which was to last 15 years.
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