Wednesday, April 13, 2016

Europe's Privacy Watchdogs Call for Changes to U.S. Data-Transfer Deal

Victoria Guzman
 IS 353-02
Blog 3
            Two months ago, the European Union’s top policy makers agreed to a data-sharing pact with United States officials. The agreement, called E.U.-U.S. Privacy Shield, would allow companies to continue sending personal data back and forth across the Atlantic. However, the bloc’s national privacy regulators said, “The deal did not go far enough to safeguard the personal information of Internet users in Europe.” National privacy watchdogs from France, Germany and other European Union member states have noted that American companies (Google, Facebook, Amazon, etc.) could face country-by-country legal battles[1]. The article goes on to discuss the worries and protests regulators have about the deal. There are a lot of negative insights in this article about the Privacy Shield deal.
            One major issue is that once citizens’ personal data is transferred to the United States, American intelligence agencies will have full access to it. In Europe there are many protections for citizens’ personal data, which would not be met in the United States. Europeans want to monitor how their data is used in the United States1. Regulators’ have major concerns over their privacy and data.
            I would have liked to see more positive insight on the E.U.-U.S. Privacy Shield deal and more background information on the deal itself. This deal is providing strong obligations on companies in the U.S. to protect the personal data of Europeans, stronger monitoring and enforcement by the U.S. Department of Commerce and Federal Trade Commission. The Privacy Shield was the result of the requirements set by the European Court of Justice when the court ruled the old Safe harbor framework invalid[2]. In practice, American companies have to display privacy policies on their websites, reply promptly to any complaints, and cooperate and comply with European Data Protection Authorities. For Europe, individuals would have more transparency about transfers of personal data to the U.S. and stronger protection of personal data. In case of complaints, they would have easy and cheap redress possibilities with the help of the Data Protection Authority[3].
            There is a lot of information about transferring data and the protection of data, but what type of data will be transferred between the United States and Europe? It could be social media, search queries and e-commerce purchases. Companies like Facebook and General Electric collect and manage this online data[4]
             Overall, this article was great in explaining the concerns with the Privacy Shield deal. Even including information on a European privacy campaigner, Max Schrems, who had a case against Facebook, which led the court to invalidate the Safe Harbor pact. Personally, I understand the concerns by European citizens. The data privacy laws in Europe are much more complex and are “on par with other fundamental rights, like freedom of expression,” and the U.S. just does not meet their personal data privacy expectations. I understand why European citizens would be worried about their personal data ending up in the wrong hands, I would be too. What I learned from researching this topic and this article is that the only way for the Privacy Shield deal to go through is if the U.S. commits to reforms that comply with human rights and international law in order to meet the standard of the European Union. It will be interesting to see the new regulations in the Privacy Shield set in the next few months.

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