Tag Archives for " Privacy Shield "

Facebook Supreme Court appeal to be heard in December

Facebook has got a provisional date of December 19th for its unprecedented Supreme Court appeal aimed at halting a referral to the European Court of Justice (CJEU) concerning the validity of EU-US data transfer channels.

The issues to be decided by the Supreme Court include whether there is any entitlement in the first place to appeal such a reference to the CJEU.

The High Court’s Ms Justice Caroline Costello previously ruled there was no such entitlement and she had made the referral before the Supreme Court agreed in July last to hear Facebook’s appeal.

Source: Facebook Supreme Court appeal to be heard in December

FTC’s Privacy Shield Enforcement Actions Show Broader Enforcement Lens

On September 27, the Federal Trade Commission (FTC) announced proposed settlement agreements with four companies it alleges violated Section 5 of the FTC Act by misrepresenting their certification status and compliance with the EU-U.S. Privacy Shield. This latest set of enforcement actions brings the FTC’s Privacy Shield related enforcement to settlements with eight defendants since the framework was adopted in July 2016.

Source: FTC’s Privacy Shield Enforcement Actions Show Broader Enforcement Lens

European Parliament voted to suspend Privacy Shield: Now what?

On July 5, the European Parliament recommended by way of a non-binding resolution from its Committee on Civil Liberties, Justice and Home Affairs (LIBE Committee) that the Commission suspend the EU/U.S. Privacy Shield Sept. 1 unless and until all defined corrective actions are taken by the U.S. Department of Commerce.

The following will likely happen: On Oct. 18 (not Sept. 1, as originally announced) the Commission will present its findings to U.S. Secretary of Commerce Wilbur Ross, in Brussels. The Privacy Shield will likely not be suspended. Except for one specific requirement: Failure by the U.S. administration to appoint a permanent privacy ombudsman by Oct. 18, 2018 may result in serious consequences for the Privacy Shield.

Read more: European Parliament voted to suspend Privacy Shield: Now what?

Jourová Puts Trump administration on notice with letter to America

Věra Jourová, The EU Commissioner for Justice, has written to the US Commerce Secretary, warning that the US has three months to comply with EU’s demands concerning the sharing of private data ascertaining to EU citizens. In the letter, Ms Jourová demanded progress from the US in appointing an ombudsman to deal with privacy related complaints from EU citizens before the US Commerce Secretary visits Brussels in October.

Source: Jourová Puts Trump administration on notice with letter to America

Supreme Court to hear Facebook appeal over data transfers referral

The Supreme Court has agreed to hear an unprecedented appeal by Facebook over a High Court judge’s decision to refer to the European Court of Justice (CJEU) key issues concerning the validity of EU-US data transfer channels.

Source: Supreme Court to hear Facebook appeal over data transfers referral

EU Parliament votes to suspend Privacy Shield

On July 4 the European Parliament voted for non-binding resolution on suspension Privacy Shield. It was passed 303 to 223 votes, with 29 abstentions. Resolution calls on the European Commission to suspend the data-sharing deal unless the U.S. is fully compliant by September 1.

Source: Parliament: Suspend Privacy Shield until U.S. fully complies

LIBE votes for Privacy Shield’s suspension: What does it mean?

On June 11 EU Parliament’s Civil Liberties Committee (LIBE) voted on the current international data-transfer agreement between the EU and U.S. passed its resolution, 29 to 25, to ask the European Commission to suspend Privacy Shield until the U.S. authorities comply with its terms in full.

Parliament is likely to vote on resolution in July and the question is whether it will agree with LIBE’s position.

Source: LIBE votes for Privacy Shield’s suspension: What does it mean?

Is this a perfect storm toward Privacy Shield’s demise?

From its very beginning, rising from the ashes of the debunked Safe Harbor, Privacy Shield has been on shaky ground. However, fresh concern from the European Parliament and a referral to the European Court of Justice have put its future in more doubt than before.

On April 12, British MEP Claude Moraes, head of the European Parliament’s Civil Liberties Committee, presented a motion questioning the “adequacy of the protection” afforded by the EU-U.S. Privacy Shield.

Source: Is this a perfect storm toward Privacy Shield’s demise?

The 11 key considerations in Schrems II, in laymen’s terms

The lengthy Schrems II case decided by the Irish High Court in October 2017 left open which questions would be referred to the Court of Justice of the European Union.

Those 11 questions have now been published by the court, with a slight possibility of revision after reviewing further submissions by defendant Facebook.

Source: The 11 key considerations in Schrems II, in laymen’s terms

U.S. Department of Commerce Posts Update of Actions to Support the Privacy Shield Frameworks

On March 26, 2018, the U.S. Department of Commerce posted an update on the actions it has taken between January 2017 and March 2018 to support the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks.

The update details measures taken in support of commercial and national security issues relating to the Privacy Shield.

Source: U.S. Department of Commerce Posts Update of Actions to Support the Privacy Shield Frameworks

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