European privacy watchdogs have received “a few” complaints about the privacy shield data transfer agreement with the United States since it was brokered one year ago, the EU’s top privacy advocate said in an interview.
Today, the Court of Justice of the European Union gave its opinion on the proposed agreement between the EU and Canada on the transfer and processing of passenger name record data in Opinion 1-15 . The opinion of the CJEU was that the agreement could not proceed without significant amendment.
Civil Liberties Committee Chair Claude Moraes during visit in US stressed that “Deficiencies still remain which need to be urgently resolved to ensure that the Privacy Shield doesn’t suffer from critical weaknesses”.
The Court of Justice of the European Union will next week give its opinion on “the agreement envisaged between Canada and the European Union on the transfer and processing of Passenger Name Record data” in Avis 1-15 . This will be the first occasion since Schrems Â that the CJEU has been formally asked to consider transfers of personal data outside the EU.
The European Economic Area Joint Committee has formally adopted a decision to incorporate the EU-U.S. Privacy Shield adequacy decision into the EEA Agreement, which recognizes the framework as a valid mechanism to transfer data from EEA member states to the U.S. This willÂ include Iceland, Liechtenstein and Norway.
Source: EEA adopts EU-US Privacy Shield
While it is the EU Commission that will be conducting the review of Privacy Shield with the U.S. government, the WP29 notes EU DPAs are able to participate and that they are “intensely preparing” for it.
Under the Trump Administration, the fundamental bases of the Privacy Shield remain unchanged.
An EU privacy watchdog has said it could issue its own report into the EU-US Privacy Shield following the conclusion of the first annual review into the framework, despite the fact it will be given a chance to feed comments into an official post-review report by the European Commission.
The Irish High Court has reviewed recent decisions by the U.S. surveillance court and a federal appeals court for a case on the legality of Facebook’s transfers of personal data from the EU to the United States. EPIC explained that the modifications to the NSA’s “Upstream” program were significant, but emphasized that the scathing rebuke of the NSA’s prior violations and “institutional lack of candor” show that there are not adequate limitations in the US on mass surveillance.
The Article 29 Working Party , an expert group of European privacy officials, is pressing the European Commission to closely evaluate the EU-US Privacy Shield , a framework permitting the flow of European consumers’ personal data to the United States.