Recent News - EU Privacy Shield Not Quite Ready for Prime Time

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Jun 02

Annie Allison

EU Privacy Shield Not Quite Ready for Prime Time

Posted by Annie Allison

The much anticipated “Privacy Shield” agreement that would create a new safe harbor for US businesses dealing with the data of EU residents is not getting support from the EU’s top data czars. 

Privacy Shield has come under fire in recent days by multiple European authorities who don’t believe this new agreement is nearly as functional as it needs to be. Giovanni Buttarelli, the European Data Protection Supervisor raised concerns about “the possibility for U.S. authorities to collect bulk data in ways that do not meet the criteria of necessity and proportionality.” Butarelli further called attention to the complexity of the redress mechanisms should EU data be mishandled, as well as the independence of the U.S. ombudsperson who will resolve data disputes.  EU Authorities that have opposed the new agreement include the European Parliament, the European Data Protection Supervisor, as well as national data protection authorities from across the EU.

The debate over “Privacy Shield” started last October when the Court of Justice of the EU struck down its predecessor, dubbed the Safe Harbor Agreement, over its inadequacy to protect the personal data of EU residents.