Data Protection

European Commission defence of European rights sinks in an unsafe harbour

Staff

3 February Feb 2016 0928 03 February 2016

The new EU-US Agreement which would facilitate transfer of data across the Atlantic, is likely to fail to achieve their intended goals, says EDRi, an association of civil and human rights organisations from across Europe that defends rights and freedoms in the digital environment.

The new EU-US Agreement which would facilitate transfer of data across the Atlantic, is likely to fail to achieve their intended goals, says EDRi, an association of civil and human rights organisations from across Europe that defends rights and freedoms in the digital environment.

Following the decision of the European Court of Justice to overturn the EU/US “Safe Harbor” Agreement last year, EU/US negotiations have been ongoing to reach a new deal, which would facilitate transfer of data across the Atlantic. Having failed to reach an agreement before 1 February, the European Commission (on monday) announced plans to back down from defending the European Court’s ruling and to accept a new badly flawed arrangement.
Among the proposals are an "exchange of letters" to permit Europe to receive assurances from the outgoing US President that non-US data will be processed in ways that are strictly necessary and proportionate - i.e. not subject to mass surveillance.

The emperor is trying on a new set of clothes. Today’s announcement means that European citizens and businesses on both sides of the Atlantic face an extended period of uncertainty while waiting for this new stop-gap solution to fail

Joe McNamee, Executive Director of European Digital Rights

The new arrangement will rely on additional legal instruments, which are also likely to fail to achieve their intended goals. At a meeting in the European Parliament monday night, Commissioner Jourová was asked repeatedly for her views on flaws in the crucial Judicial Redress Act and the EU/US Umbrella Agreement. She refused to address either problem.

The lack of seriousness of this proposal by the European Commission is astonishing. In order for any new deal to work, the US needs to implement the necessary reforms that have been long advocated by civil rights organisations, data protection authorities and the Court of Justice of the European Union instead of leaving fundamental rights being protected by "letters". Parliamentarians from across the political spectrum monday night repeatedly accused the United States of not taking the negotiations seriously. Seeing fatal problems being built into the Judicial Redress Act, seeing the adoption of the secret data-sharing provisions in the Cybersecurity Act and seeing the lack of any meaningful reforms on the US side, it is hard to disagree.

Source: EDRI

Read more:

Why is Safe Harbour II such a challenge?

Access Now, EDRi on data protection: “No Safe Harbour 2.0 without reform on both sides of the Atlantic”

More

Vita Editore

Company

Services

European Year of Rail 2021 – Rail can make a big contribution to smart and sustainable mobility

The European Economic and Social Committee (EESC) held an event promoting the European year dedicated to rail and explaining its potential to become a fully sustainable and competitive transport option, thereby helping to achieve the Green Deal targets

AI in Europe: not all decisions can be reduced to ones and zeros, says the EESC

In two reports on draft EU legislation on artificial intelligence, the European Economic and Social Committee (EESC) calls for an all-out ban on social scoring in the EU and for a complaint and redress mechanism for people who have suffered harm from an AI system.

Broad participation by civil society is key to a strong recovery in Europe

CARE commits $130M to work towards SDG5: gender equality

EU Commission proposes coordinated measures for the safe reopening of the cultural sector

European Commission defence of European rights sinks in an unsafe harbour

The new EU-US Agreement which would facilitate transfer of data across the Atlantic, is likely to fail to achieve their intended goals, says EDRi, an association of civil and human rights organisations from across Europe that defends rights and freedoms in the digital environment.

The new EU-US Agreement which would facilitate transfer of data across the Atlantic, is likely to fail to achieve their intended goals, says EDRi, an association of civil and human rights organisations from across Europe that defends rights and freedoms in the digital environment.

Related news

Digital values: protecting privacy, or ensuring security?

It is 2016, and we are still using Internet laws from 1986. In the post-Paris era, national security vs. right to privacy is an increasingly difficult terrain to navigate.

Microsoft Philanthropies donating $1 billion in cloud computing resources to nonprofit organizations

The technology giant aims at reinventing its philanthropic division. At Davos it announced that will donate $1 billion in Microsoft cloud services to nonprofits and university researchers over the next three years.

Digital divide: is it really crucial to narrow the gap between rich and poor?

In developing countries, more families own a mobile phone than have access to electricity or clean water, but despite the unstoppable global spread of the internet, the digital divide between rich and poor remains a huge issue.

Migration can benefit the world. This is how we at the UN plan to help

Uber dealt blow after EU court classifies it as transport service

Britain is the most individualistic country in the EU, Europe-wide survey finds

Eu says Brexit transition to end by 31 December 2020