Biden signs decree guaranteeing safe transfer of personal data from EU
US President Joe Biden has signed a decree to ensure the transfer of personal data from the EU to the US within a new legal framework.
European Commissioner of Justice Didier Reynders welcomed this very important move, which sets the stage for a similar European Union action that could be completed by "next spring".
Reynders, who led negotiations with Washington for one and a half years, praised America's new safeguards to protect privacy.
The technology sector also welcomed the new decree
which comes after the European judiciary invalidated two previous versions of the agreement allowing companies to transfer European citizens' data to the United States for processing or storage because of concerns about U.S. surveillance programs.
However, Austrian lawyer and privacy activist Max Schrems
- whose appeal annulled the European Court of Justice's previous two versions
- told AFP there was a "90% probability" that his NGO
- would resort to new legal action against the new version.
US President Joe Biden :
and European Commission President Ursula von der Leyen announced in March a tentative agreement on a new framework.
This is the culmination of our joint efforts to restore confidence and stabilize the flow of data across the Atlantic.
The text strengthens measures to ensure confidentiality and protect civil liberties in American surveillance programmes targeting data collected in Europe and transatlantic or stored with Americans.
It also establishes an independent and binding mechanism that allows individuals in eligible States to seek redress if they believe that their personal data was collected illegally by United States intelligence and, where appropriate, to obtain a decision to delete or correct it.
This mechanism provides two levels of appeal
one with the Civil Liberties Protection Officer of the United States Intelligence Directorate and the other with an independent court established by the Department of Justice.
Raimondo continued, These duties will include transfers of personal data to the United States under European Union law and fully respond to the decision of the Court of Justice of the European Union.
In July 2020, the court ruled that the Privy Shield agreement
used by 5,000 US companies
including giants such as Google and Amazon, did not protect "potential interventions in the individual's fundamental rights whose data is transmitted.
The European Union is not expected to take a decision on the agreement six months in advance, requiring the opinion of the European Data Protection Council and the European Parliament, as well as the approval of an eligible majority of Member States
(15 out of a total of 27 countries required to account for at least 65% of Europe's population).
Digital companies expressed satisfaction with the agreement.
The Computer and Communications Industry Association, which brings together major cloud storage companies, stressed that "data transfers are at the heart of transatlantic relations", stressing the importance of "sustainable and reliable mechanisms for responsible data transfer between countries".
Comments
Post a Comment