EU-US Privacy Shield Data Agreement May Not Push Through

Recent reports reveal that the on-going talks between the European Union (EU) and the United States in Privacy Shield agreement, which is anticipated to occur within the next two years, may not likely be pursued.

This is in light of the recently released statements from the EU German watchdogs stressing questionable matters regarding the new translantic data pact. Reuters reports that there were concerns about how much data U.S. government agents can collect and access.

Furthermore, watchdogs are also concerned of the new ombudsperson involved in settling EU complaints regarding the U.S. surveillance practices. "Who is independent enough? Independence is a key criteria to addressing the real position of this person," Isabelle Falque-Pierrotin, chair of the group of 28 EU data protection authorities said, as per the publication.

So this would mean that the previous Translantic data pact which would give the opportunity for companies like Microsoft and IBM to see through user data, might not even be in the cards anymore.

The news comes with the recently reported EU data protection law which is expected to come into force in 2018. After the data protection law is already in effect, the Privacy Shield Data will be subject for review.

Meanwhile, as the issue comes to press, businesses are however pushing for the Data pact to be passed, especially those with trans-Atlantic trade operations "The reality is that international transfers of data are vital to economic growth and there needs to be a pragmatic solution adopted by the courts, policy makers and data protection authorities to recognise this," Data protection law expert Kathryn Wynn of Pinsent Masons, the law firm behind Out-Law.com said, as per Out-Law.

Furthermore, Wynn believes that when the Privacy Shield does not come into being, businesses will be greatly affected. "For example companies could be forced to store personal data in the EU and place major restrictions on its access by US employees or US businesses they transact with. This would be expensive and restrictive in a way which could burden businesses," Wynn continued.

However, a leaked document, as per The Hill, reveals that the working group of Europe's 28 data privacy authorities shares its opposition in consideration of the on-going talks. The draft assessment reveals that the group is "not yet in a position to confirm that the current draft adequacy decision does, indeed, ensure a level of protection [in the U.S.] that is essentially equivalent to that in the EU," the group said in a statement, as per the publication.

Tags

European Union, United States, Privacy Shield, Translantic data pact, German watchdogs, IBM, Microsoft

© 2023 Lawyer Herald All rights reserved. Do not reproduce without permission.