This article will discuss the EU – US data sharing saga negotiations which are currently walking under the banner of the ‘Data Shield’.
This is intended to be new and improved ‘Safe Harbour’ which had been previously invalidated by the European Court of Justice in the case of Schrems (C-362/14).
This politically agreed measure is meant to bolster EU citizen’s data protection rights on US soil, granting similar rights that EU citizens would enjoy in Europe. ‘Similar’ being the contentious issue at the heart of the saga.
The European Data Protection Supervisor (Mr Giovanni Buttarelli) published an Opinion (4/2016) on the 30th May 2016 expressing their concerns and stating the shortcomings of Data Shield agreement. This follows the European Parliament adopting a resolution in early May, calling on the Commission to negotiate a better deal in light of the current deficiencies.
Mr Buttarelli states that there is a need for a long-term, robust and lucid agreement between the EU and the US which reflects the rights-based values found in the Lisbon Treaty, the Charter of Fundamental Rights and the US Constitution which is reflected in the Schrems judgment. Whilst he sees this agreement as a step in the right direction, it is not robust enough to stand up to the ECJ’s scrutiny. Click here for more details...
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