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Data Protection: Is the EU just incompetent or… evil?

By on July 1, 2016 in Big Business, Big Data, Data Protection, EU, Privacy, US

According to usually well informed sources the Council of the European Union (the member states representatives) is ready to greenlight the so called EU US Privacy Shield.

The Privacy Shield is supposed to replace the previous Safe Harbour agreement on protection of personal data being transferred from the EU to the US. The latter was used in a sloppy way by US companies and it did not offer sufficient protection against US mass surveillance. The European Parliament has frequently called for the Safe Harbour agreement to be revoked – and finally the European Court of Justice (ECJ) invalidated it on grounds that it did not respect European citizens right to privacy.

Since then, the EU and US have been working hard to secure a new agreement – the Privacy Shield.

The problem is that the Privacy Shield, ruffly speaking, has the same problems as the Safe Harbour agreement. So much so that the ECJ have found that it ought to look into the matter once again. (The Max Schrems case, part 2.)

So, why is the EU so eager to give the Privacy Shield its approval? First off all both the EU and the US is under pressure from Big Data to get this stumbling block out of the way. Second, some US government agencies are getting quite frustrated. Third, the EU screwed up in the negotiations, but hopes that no one will notice (!) if they hurry to adopt the agreement.

In other words, protection of European citizens data and privacy has not been an EU priority. The Council (and the Commission) seems to be more interested in good relations with the NSA and Big Data.

Is the EU just incompetent or… evil?

/ HAX

Links:
• Previous blog post on the EU US Privacy Shield, with many useful links »
• The latest leaked EU documents (PDF) »
• Reuters: EU, United States agree on changes to strengthen data transfer pact »
• German IT Law: Data flows to the US: Why the EU Model Clauses may soon be no longer state of the art »
• The Irish Times: Data protection groups seek to join key High Court case »
• NSA Mass Surveillance: US Government wants to intervene in European Facebook-Case (PDF) »

Thanks to Amelia Andersdotter and Dataskydd.net for digging up relevant links and documents.

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Data protection: EU-US standoff

By on April 25, 2016 in Big Brother, Big Data, Data Protection, EU, Privacy, US

The EU-US Privacy Shield is to replace the so-called safe harbour agreement about the transfer of personal data between EU and the US — after the European Court of Justice (ECJ) invalidated the latter.

As reported earlier, the privacy shield is a principal agreement that yet has to be filled with substance. Even though the European Commission and Washington claim to have struck a deal, it is far from being finalised.

Actually, things are moving the opposite way. Reuters:

Last week, the EU’s 28 data protection authorities – known as the Article 29 Working Party – published a non-binding opinion on the framework which called for more reassurances over U.S. surveillance practices and the independence of a new U.S. privacy ombudsman.

Leaving some of the regulators’ concerns unaddressed could increase the chances of the Privacy Shield being challenged in court by privacy advocates, much as its predecessor was.

This is a mess. Obviously, the EU is not strong enough to stand up to the US on data protection. And the US is not interested in respecting a strong European legal framework in this field.

Some links:
• EU data enforcers demand privacy shield fixes »
• Privacy panel trips up transatlantic data deal »
• US businesses: Start preparing for the EU’s new privacy regulation »
• U.S. reluctant to change data pact after EU watchdogs’ concerns »

Earlier posts:
• “EU-US Privacy Shield must be sent back to negotiators” »
• The EU-US Privacy Shield: EU presents a pointless proposal »
• The EU-US Privacy Shield Illusion »
• An EU-US Privacy Shield? »

/ HAX

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