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EU-US data sharing agreement: Is it a done deal?:
The thousands of companies waiting for a new US-EU data-transfer agreement to go into effect soon and ease the burdensome legal work necessary for cross-border data transfer shouldn't get their hopes up. US President Joe Biden's executive order to implement rules for the Trans-Atlantic Data Policy Framework agreed on earlier this year is a move in the right direction, but the new pact won't go into effect until next spring at the earliest, and even then it is bound to face legal challenges, say public policy and legal experts.
The executive order, signed by Biden on October 7, puts new restrictions on electronic surveillance by American intelligence agencies and gives Europeans new avenues to launch a complaint when they believe their personal information has been used unlawfully by US intelligence agencies.
The move comes two years after the European Court of Justice shut down the previous EU-US data sharing agreement known as Privacy Shield in 2020 on grounds that the US doesn't provide adequate protection for personal data, particularly in relation to state surveillance.
The new Trans-Atlantic Data Policy Framework is meant to improve US privacy safeguards, replace Privacy Shield, and eventually pass Court of Justice scrutiny when expected legal challenges are lodged. However, despite both the Biden Administration and the European Commission releasing statements endorsing the newly proposed data pact, it's far from a done deal, according to Jonathan Armstrong, a compliance and technology lawyer at UK-based compliance specialists Cordery.
"Both the White House and the European Commission might be saying that they are confident, but we've been down this road before, with both sides saying that Privacy Shield would stand up to judicial scrutiny. It didn't," Armstrong said.
First, the EU must confirm that the new rules established by Biden's executive order are adequate to meet the standards agreed on in the trans-Atlantic framework, which in turn was crafted to offer privacy protections equivalent to the EU's GDPR (General Data protection Regulation).
Over the next few months, the European Commission, the EU's executive body, will propose a draft adequacy decision and launch an adoption procedure, which includes consulting with the European Data Protection Board (EDPB) and obtaining approval from a committee composed of representatives of the EU member states, according to a Commission statement.
(Score: 1, Informative) by Anonymous Coward on Thursday October 13 2022, @08:53AM (1 child)
oh what? you started 2 decades ago? what's all this about then
(Score: 0) by Anonymous Coward on Thursday October 13 2022, @08:57AM
5 eyes becomes 6 eyes
(Score: 4, Interesting) by Rosco P. Coltrane on Thursday October 13 2022, @11:20AM
trusting that the CIA actually complies with presidential directives and obeys the law. However, this particular TLA is renowned for taking the left when they don't have the right: they have a discretionary budget and they're accountable to no-one - and when someone does try to figure out whether what they do is legal, they immediately raise the "national security" flag and refuse to answer.
The only truthful accounts of what the CIA does come from people like Snowden, and when they do come out, it ain't pretty. What makes you think Biden's executive order is any reassurance that the CIA won't do whatever the fuck they want anyway? I sure don't trust them.