EU/US Pri­va­cy Shield: Test passed

The Pri­va­cy Shield bet­ween the EU and the USA has pas­sed its first test. Just over a year after its ent­ry into force, Pri­va­cy Shield was sub­jec­ted to an audit by the Euro­pean Com­mis­si­on. The Com­mis­si­on sum­ma­ri­zes the result of the audit in its Report from Octo­ber 18 (PDF) as follows:

The annu­al review has demon­stra­ted that the U.S. aut­ho­ri­ties have put in place the neces­sa­ry struc­tures and pro­ce­du­res to ensu­re the cor­rect func­tio­ning of the Pri­va­cy Shield. The cer­ti­fi­ca­ti­on pro­cess has been hand­led in an over­all satis­fac­to­ry man­ner and more than 2400 com­pa­nies have been cer­ti­fi­ed so far. The U.S. aut­ho­ri­ties have put in place the com­plainth­and­ling and enforce­ment mecha­nisms and pro­ce­du­res to safe­guard indi­vi­du­al rights. This inclu­des also the new addi­tio­nal redress ave­nues for EU indi­vi­du­als such as the arbi­tra­ti­on panel and the Ombuds­per­son mecha­nism. Regar­ding the lat­ter, an Acting Ombuds­per­son was desi­gna­ted fol­lo­wing the chan­ge of Admi­ni­stra­ti­on in Janu­ary 2017, whe­re­as the nomi­na­ti­on of a per­ma­nent Ombuds­per­son is pen­ding. Coope­ra­ti­on with Euro­pean data pro­tec­tion aut­ho­ri­ties has been step­ped up. As regards access to per­so­nal data by public aut­ho­ri­ties for natio­nal secu­ri­ty pur­po­ses, rele­vant safe­guards on the U.S. side remain in place, nota­b­ly tho­se based on Pre­si­den­ti­al Poli­cy Direc­ti­ve 28 issued in 2014 which sets out limi­ta­ti­ons and safe­guards on use by natio­nal secu­ri­ty aut­ho­ri­ties of per­so­nal data, regard­less of natio­na­li­ty of the indi­vi­du­al. In this con­text, it should also be noted that sec­tion 702 of the U.S. For­eign Intel­li­gence Sur­veil­lan­ce Act (FISA) is set to expi­re on Decem­ber 31, 2017 and that reform pro­po­sals are under dis­cus­sion in the U.S. Congress.

Details can be found in the Com­mis­si­on Staff Working Docu­ment SWD(2017) 344 final. This and other docu­ments are available here.

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