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Tag Archives for " data transfer "

EU Parliament debates if California could be considered ‘adequate’

Members of the Parliament’s Committee on Civil Liberties, Justice and Home Affairs discussed in depth the European Commission’s report, issued Oct. 21, with representatives of the European Commission and European Data Protection Board.

Referring to the California Consumer Privacy Act, which took effect Jan. 1, Bruno Gencarelli, the commission’s head of International Data Flows and Protection Unit, said many of those who worked on the EU General Data Protection Regulation and Law Enforcement Directive “would not even have imagined a few years ago that there would be serious discussion in Congress about a federal privacy legislation or that California would have strong privacy rules that have just entered into application.”

Source: EU Parliament debates: Could California be considered ‘adequate’ on its own?

Advocate general thinks Standard Contractual Clauses are valid for data transfers out of EU

Henrik Saugmandsgaard Oe, advocate general to the Court of Justice of the European Union (CJEU), in his opinion issued yesterday said the use of so-called standard contractual clauses by Facebook and other firms to transfer information abroad is “valid.”

His non-binding opinion is not a ruling as such, but legal experts say opinions from the advocate general are typically followed by the court in a majority of cases. The CJEU will rule on the case in the coming months.

Source: Schrems vs. Facebook: Legal advisor to EU supreme court gives opinion

Advocate general will issue his view on EU data transfers tomorrow

Henrik Saugmandsgaard Øe, Advocate general at the Court of Justice of the European Union, tomorrow will issue his opinion in case brought by Austrian privacy activist Max Schrems.

At stake are standard contractual clauses used by Facebook and hundreds of thousands of companies, ranging from banks to industrial giants to carmakers, to transfer personal data to the United States and other parts of the world.

The opinion by advocate general  is non-binding. However, judges follow such recommendations in four out of five cases. The court will rule in the coming months.

Source: Facebook, privacy activist Schrems battle nears end on Dec. 19 – Reuters

TikTok found secretly transferring user data to China

According to a lawsuit file by a college student TikTok has been secretly transferring user data to China without gaining consent.

The class-action lawsuit filed in California, accuses TikTok of secretly harvesting large amounts of personally identifiable user data and sending it to China. In addition, the lawsuit accuses TikTok and its parent company ByteDance, of taking user content without their consent.

Source: #Privacy: TikTok found secretly transferring user data to China – PrivSec Report

AG Opinion in Schrems II Delayed

The Advocate General’s (AG) Opinion in Case C-311/18, Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (so called “Schrems II”), has been delayed until the 19 th December 2019.

The primary question before the European Court of Justice, and the AG, in Schrems II is whether the European Commission’s standard contractual clauses are valid for transfers of personal data to the United States.

Source: UPDATE: AG Opinion in Schrems II Delayed

Potential Brexit deal reached; data transfers remain, for now

More than three years after the U.K. voted in a referendum to leave the EU, a proposed Brexit deal is on the table just weeks ahead of an Oct. 31 deadline.

European Commission President Jean-Claude Juncker confirmed a deal had been reached. U.K. Parliament will vote on it this Saturday, Oct. 19.

The draft text of the deal released Thursday includes a section near the top on data protection, stating, “In view of the importance of data flows and exchanges across the future relationship, the Parties are committed to ensuring a high level of personal data protection to facilitate such flows between them.”

Source: Potential Brexit deal reached; data transfers remain, for now

Apple Shares Some Browsing History with Chinese Company

The company acknowledged it’s using ‘safe browsing’ technology from Tencent, which has ties to the Chinese government.

Apple is sending some browsing history of iOS 13 Safari users to Tencent Holdings Limited, a Chinese multinational conglomerate. The data shared is tied to the Safari Safe Browsing technology. Revelations of the relationship have drawn criticism from security and privacy experts.

Source: Apple Shares Some Browsing History with Chinese Company | Threatpost

EU and US work on electronic evidence agreement

European Commission and U.S. Department of Justice officials met on September 25 to begin formal negotiations on an EU-U.S. agreement to facilitate access to electronic evidence in criminal investigations.

There was agreement to regular negotiating rounds with the view to concluding an agreement as quickly as possible. Progress will be reviewed at the next EU-U.S. Justice and Home Affairs Ministerial in December.

Source: European Commission – PRESS RELEASES – Press release – Criminal justice: Joint statement on the launch of EU-U.S. negotiations to facilitate access to electronic evidence

How to manage, monitor and validate third-party data sharing

When companies manage how personal data is shared and transferred to third parties, much of the effort lately has been focused on bringing legal contracts in line with requirements under the EU General Data Protection Regulation and now, increasingly, the California Consumer Privacy Act.

How can organizations effectively ensure they have the requisite data knowledge to validate data flows and the purpose of processing, as well as monitor data transfers to flag when personal data is going where it shouldn’t?

Read full article: How to manage, monitor and validate third-party data sharing

EU and US issue joint statement on the Third Annual EU-U.S. Privacy Shield Review

U.S. Secretary of Commerce Wilbur Ross and EU Commissioner for Justice, Consumers, and Gender Equality Věra Jourová made the joint statement regarding the third annual joint review of the EU-U.S. Privacy Shield Framework.

Officials stated that Privacy Shield ensures that participating companies and relevant government authorities provide a high level of protection for the personal data of EU individuals. The Department of Commerce will revoke the certification of companies that do not comply with Privacy Shield’s vigorous data protection requirements.

The European Commission will publish a report on the functioning of the Privacy Shield. This report will conclude this year’s review process.

Source: Joint Press Statement from Commissioner Věra Jourová and Secretary of Commerce Wilbur Ross on the Third Annual EU-U.S. Privacy Shield Review | U.S. Department of Commerce

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