Author: Howard Fienberg
March 28, 2022
In a March 25, 2022 joint statement, the United States and the European Commission claimed that the two sides had "agreed in principle on a new Trans-Atlantic Data Privacy Framework" to replace the U.S.-EU Privacy Shield, which was struck down by the European Court of Justice in the Schrems II case in July 2020.
"The new Framework marks an unprecedented commitment on the U.S. side to implement reforms that will strengthen the privacy and civil liberties protections applicable to U.S. signals intelligence activities. Under the Trans-Atlantic Data Privacy Framework, the United States is to put in place new safeguards to ensure that signals surveillance activities are necessary and proportionate in the pursuit of defined national security objectives, establish a two-level independent redress mechanism with binding authority to direct remedial measures, and enhance rigorous and layered oversight of signals intelligence activities to ensure compliance with limitations on surveillance activities."
The Insights Association said it was happy to see progress on a new agreement, but expressed concern that (1) how soon an agreement in law will be signed is unclear and (2) activists are already itching to take the issue back to court for yet another challenge.
Per the release, "The teams of the U.S. Government and the European Commission will now continue their cooperation with a view to translate this arrangement into legal documents that will need to be adopted on both sides to put in place this new Trans-Atlantic Data Privacy Framework. For that purpose, these U.S. commitments will be included in an Executive Order that will form the basis of the Commission’s assessment in its future adequacy decision."
The Insights Association recently urged U.S. Secretary of Commerce Gina Raimondo to waive renewal fees for adherents to the U.S.-EU Privacy Shield Program in the continued absence of a functioning data transfer agreement.
Categories: Government Affairs