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February 2016

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"How Uber Profits Even While Its Drivers Aren't Earning Money"

by J.C. DE MARTIN

*How Uber Profits Even While Its Drivers Aren't Earning Money* WRITTEN BY JAY CASSANO February 2, 2016 // 10:15 AM EST "If I'm doing something useful for the company, I should be paid for that time,” Mark says to me as he drives me over the Brooklyn Bridge. “That's what work is, right?” It seems like a simple enough principle. And yet when it comes to the nature of work in the digital platform economy, getting paid for that time is anything but a simple proposition. Mark has a special appreciation for what constitutes value to a corporation. In a city where most Uber and taxi drivers are recent immigrants, he’s an anomaly, a former Wall Street banker who was laid off in the recession and has turned to Uber for part-time work. (Mark and other Uber drivers I spoke to for this story, both in person and online, have requested that their real names not be used out of fear of reprisal from Uber or other employers.) The usefulness Mark refers to is the data he generates for Uber—not when he has a fare, but when he is waiting to be summoned and isn't making any money. Uber drivers call that time without fares “dead miles.” Drivers may spend that time roaming around waiting for their next request from the Uber app. Or they may drive from a low-density area where they dropped off their last passenger back to a high-density area where they are more likely to find a new passenger. While those dead miles are unpaid, the data Mark generates during that time is immensely valuable to Uber. Interviews and research conducted last year by my colleague Alex Rosenblat at Data & Society Research Institute and Luke Stark of New York University, illustrated how Uber collects data from drivers even during their unpaid time. […] Continua qui: https://motherboard.vice.com/read/how-uber-profits-even-while-its-drivers-a…

Feb. 3, 2016

Re: [nexa] EU Commission and United States agree on new framework for transatlantic data flows: EU-US Privacy Shield

by Mauro Alovisio

Se vi interessa, tra qualche minuto dovrebbe iniziare la conferenza stampa del wp29 che dirà la sua sul privacy shield. È in streaming qui: https://scic.ec.europa.eu/.../article-29-subgroup... <https://l.facebook.com/l.php?u=https%3A%2F%2Fscic.ec.europa.eu%2Fstreaming%…> 2016-02-02 19:51 GMT+01:00 Stefano Quintarelli <stefano(a)quintarelli.it>: > non riesco a capire bene cosa lamenti edri > > probabilmente hanno piu' info di quante siano pubbliche > > > On 02/02/2016 19:33, Alberto Cammozzo wrote: > >> Il primo commento di EDRI è negativo: >> >> < >> https://edri.org/european-commission-defence-of-european-rights-sinks-in-un… >> > >> >> >> 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 today announced plans to back down >> from defending the European Court’s ruling and to accept a new badly >> flawed arrangement. >> >> 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. >> said Joe McNamee, Executive Director of European Digital Rights. >> >> 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 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 last 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. >> >> Parliamentarians from across the political spectrum last 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 >> Magicsecurity Act and seeing the lack of any meaningful reforms on the >> US side, it is hard to disagree. >> >> >> >> On 02/02/2016 19:05, Stefano Quintarelli wrote: >> >>> >>> >>> On 02/02/2016 18:52, Alessandro Mantelero wrote: >>> >>>> che si sia giunti ad un accordo è positivo per varie ragioni, occorrerà >>>> ora vedere come questo si declini nei dettagli ed eventuali reazioni dei >>>> Garanti. >>>> >>>> In generale, pare emergere un quadro di maggiori tutele rispetto al SH e >>>> questo è un buon risultato per l'UE, che è riuscita a mantenere una >>>> posizione di tutela sul tema dei dati. >>>> Personalmente temo che il modello EU sia meno forte di come appare, ma, >>>> come mi faceva notare Marc Rotenberg qualche giorno fa, ha comunque >>>> avuto il grande merito di innalzare il livello globale di tutela e il >>>> nuovo accordo conferma questo indirizzo evolutivo.. >>>> >>> >>> il che confermerebbe che la UE conta, su un tavolo assai strategico >>> >>> >>> >>> >>>> AM >>>> >>>> >>>> >>>> On Tue, 2 Feb 2016 18:45:00 +0100 >>>> Stefano Quintarelli <stefano(a)quintarelli.it> wrote: >>>> >>>>> per come e' scritto il CS, mi sembrerebbe un buon risultato. >>>>> >>>>> On 02/02/2016 18:29, Alessandro Mantelero wrote: >>>>> >>>>>> European Commission - Press release >>>>>> EU Commission and United States agree on new framework for >>>>>> transatlantic >>>>>> data flows: EU-US Privacy Shield >>>>>> >>>>>> Strasbourg, 2 February 2016 >>>>>> >>>>>> The European Commission and the United States have agreed on a new >>>>>> framework for transatlantic data flows: the EU-US Privacy Shield. >>>>>> >>>>>> Today, the College of Commissioners approved the political agreement >>>>>> reached and has mandated Vice-President Ansip and Commissioner Jourová >>>>>> to prepare the necessary steps to put in place the new arrangement. >>>>>> This >>>>>> new framework will protect the fundamental rights of Europeans where >>>>>> their data is transferred to the United States and ensure legal >>>>>> certainty for businesses. >>>>>> >>>>>> The EU-US Privacy Shield reflects the requirements set out by the >>>>>> European Court of Justice in its ruling on 6 October 2015, which >>>>>> declared the old Safe Harbour framework invalid. The new arrangement >>>>>> will provide stronger obligations on companies in the U.S. to protect >>>>>> the personal data of Europeans and stronger monitoring and enforcement >>>>>> by the U.S. Department of Commerce and Federal Trade Commission (FTC), >>>>>> including through increased cooperation with European Data Protection >>>>>> Authorities. The new arrangement includes commitments by the U.S. that >>>>>> possibilities under U.S. law for public authorities to access personal >>>>>> data transferred under the new arrangement will be subject to clear >>>>>> conditions, limitations and oversight, preventing generalised access. >>>>>> Europeans will have the possibility to raise any enquiry or >>>>>> complaint in >>>>>> this context with a dedicated new Ombudsperson. >>>>>> >>>>>> Vice-President Ansip said: "We have agreed on a new strong >>>>>> framework on >>>>>> data flows with the US. Our people can be sure that their personal >>>>>> data >>>>>> is fully protected. Our businesses, especially the smallest ones, have >>>>>> the legal certainty they need to develop their activities across the >>>>>> Atlantic. We have a duty to check and we will closely monitor the new >>>>>> arrangement to make sure it keeps delivering. Today's decision >>>>>> helps us >>>>>> build a Digital Single Market in the EU, a trusted and dynamic online >>>>>> environment; it further strengthens our close partnership with the US. >>>>>> We will work now to put it in place as soon as possible." >>>>>> >>>>>> Commissioner Jourová said: "The new EU-US Privacy Shield will protect >>>>>> the fundamental rights of Europeans when their personal data is >>>>>> transferred to U.S. companies. For the first time ever, the United >>>>>> States has given the EU binding assurances that the access of public >>>>>> authorities for national security purposes will be subject to clear >>>>>> limitations, safeguards and oversight mechanisms. Also for the first >>>>>> time, EU citizens will benefit from redress mechanisms in this >>>>>> area. In >>>>>> the context of the negotiations for this agreement, the US has assured >>>>>> that it does not conduct mass or indiscriminate surveillance of >>>>>> Europeans. We have established an annual joint review in order to >>>>>> closely monitor the implementation of these commitments." >>>>>> >>>>>> The new arrangement will include the following elements: >>>>>> >>>>>> Strong obligations on companies handling Europeans' personal data >>>>>> and robust enforcement: U.S. companies wishing to import personal data >>>>>> from Europe will need to commit to robust obligations on how personal >>>>>> data is processed and individual rights are guaranteed. The Department >>>>>> of Commerce will monitor that companies publish their commitments, >>>>>> which >>>>>> makes them enforceable under U.S. law by the US. Federal Trade >>>>>> Commission. In addition, any company handling human resources data >>>>>> from >>>>>> Europe has to commit to comply with decisions by European DPAs. >>>>>> >>>>>> Clear safeguards and transparency obligations on U.S. government >>>>>> access: For the first time, the US has given the EU written assurances >>>>>> that the access of public authorities for law enforcement and national >>>>>> security will be subject to clear limitations, safeguards and >>>>>> oversight >>>>>> mechanisms. These exceptions must be used only to the extent necessary >>>>>> and proportionate. The U.S. has ruled out indiscriminate mass >>>>>> surveillance on the personal data transferred to the US under the new >>>>>> arrangement. To regularly monitor the functioning of the arrangement >>>>>> there will be an annual joint review, which will also include the >>>>>> issue >>>>>> of national security access. The European Commission and the U.S. >>>>>> Department of Commerce will conduct the review and invite national >>>>>> intelligence experts from the U.S. and European Data Protection >>>>>> Authorities to it. >>>>>> >>>>>> Effective protection of EU citizens' rights with several redress >>>>>> possibilities: Any citizen who considers that their data has been >>>>>> misused under the new arrangement will have several redress >>>>>> possibilities. Companies have deadlines to reply to complaints. >>>>>> European >>>>>> DPAs can refer complaints to the Department of Commerce and the >>>>>> Federal >>>>>> Trade Commission. In addition, Alternative Dispute resolution will be >>>>>> free of charge. For complaints on possible access by national >>>>>> intelligence authorities, a new Ombudsperson will be created. >>>>>> >>>>>> Next steps >>>>>> >>>>>> The College has today mandated Vice-President Ansip and Commissioner >>>>>> Jourová to prepare a draft "adequacy decision" in the coming weeks, >>>>>> which could then be adopted by the College after obtaining the >>>>>> advice of >>>>>> the Article 29 Working Party and after consulting a committee composed >>>>>> of representatives of the Member States. In the meantime, the U.S. >>>>>> side >>>>>> will make the necessary preparations to put in place the new >>>>>> framework, >>>>>> monitoring mechanisms and new Ombudsman. >>>>>> >>>>>> Background >>>>>> >>>>>> On 6 October, the Court of Justice declared in the Schrems case that >>>>>> Commission’s Decision on the Safe Harbour arrangement was invalid. The >>>>>> judgment confirmed the Commission's approach since November 2013 to >>>>>> review the Safe Harbour arrangement, to ensure in practice a >>>>>> sufficient >>>>>> level of data protection as required by EU law. >>>>>> >>>>>> On 15 October, Vice-President Ansip, Commissioners Oettinger and >>>>>> Jourová >>>>>> met business and industry representatives who asked for a clear and >>>>>> uniform interpretation of the ruling, as well as more clarity on the >>>>>> instruments they could use to transfer data. >>>>>> >>>>>> On 16 October, the 28 national data protection authorities (Article 29 >>>>>> Working Party) issued a statement on the consequences of the judgment. >>>>>> >>>>>> On 6 November, the Commission issued guidance for companies on the >>>>>> possibilities of transatlantic data transfers following the ruling >>>>>> until >>>>>> a new framework is put in place. >>>>>> >>>>>> On 2 December, the College of Commissioners discussed the progress of >>>>>> the negotiations. Commissioner Jourová received a mandate to pursue >>>>>> the >>>>>> negotiations on a renewed and safe framework with the US. >>>>>> >>>>>> >>>>>> >>>>>> >>>>>> >>>>>> >>>>>> >>>>>> -- >>>>>> Prof. Avv. Alessandro Mantelero >>>>>> Politecnico di Torino >>>>>> >>>>>> Nexa Center for Internet and Society | Director of Privacy >>>>>> Politecnico di Torino–Tongji University| Coordinator, Double Degree >>>>>> program in Management and IP Law >>>>>> Nanjing University of Information Science and Technology | Part-time >>>>>> Expert, School of Public Administration >>>>>> European Data Protection Law Review | Associate Editor >>>>>> >>>>>> http://staff.polito.it/alessandro.mantelero >>>>>> >>>>>> EMAIL POLICY: twice a day (Mon-Fri) >>>>>> _______________________________________________ >>>>>> nexa mailing list >>>>>> nexa(a)server-nexa.polito.it >>>>>> https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa >>>>>> >>>>>> >>>>>> ----- >>>>>> Nessun virus nel messaggio. >>>>>> Controllato da AVG - www.avg.com >>>>>> Versione: 2016.0.7357 / Database dei virus: 4522/11539 - Data di >>>>>> rilascio: 02/02/2016 >>>>>> >>>>> >>>> -- >>>> Prof. Avv. Alessandro Mantelero >>>> Politecnico di Torino >>>> >>>> Nexa Center for Internet and Society | Director of Privacy >>>> Politecnico di Torino–Tongji University| Coordinator, Double Degree >>>> program in Management and IP Law >>>> Nanjing University of Information Science and Technology | Part-time >>>> Expert, School of Public Administration >>>> European Data Protection Law Review | Associate Editor >>>> >>>> http://staff.polito.it/alessandro.mantelero >>>> >>>> EMAIL POLICY: twice a day (Mon-Fri) >>>> >>>> >>>> ----- >>>> Nessun virus nel messaggio. >>>> Controllato da AVG - www.avg.com >>>> Versione: 2016.0.7357 / Database dei virus: 4522/11539 - Data di >>>> rilascio: 02/02/2016 >>>> >>> _______________________________________________ >>> nexa mailing list >>> nexa(a)server-nexa.polito.it >>> https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa >>> >> >> _______________________________________________ >> nexa mailing list >> nexa(a)server-nexa.polito.it >> https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa >> >> >> ----- >> Nessun virus nel messaggio. >> Controllato da AVG - www.avg.com >> Versione: 2016.0.7357 / Database dei virus: 4522/11539 - Data di >> rilascio: 02/02/2016 >> > _______________________________________________ > nexa mailing list > nexa(a)server-nexa.polito.it > https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa >

Feb. 3, 2016

Re: [nexa] NYT: "Uber Drivers and Others in the Gig Economy Take a Stand"

by Enrico Biale

A proposito di Uber, un mio contributo, anche se un po' datato, sulla questione. http://www.rivistailmulino.it/journal/articlefulltext/index/Article/Journal… Enrico Biale 2016-02-03 8:11 GMT+01:00 J.C. DE MARTIN <demartin(a)polito.it>: > *Uber Drivers and Others in the Gig Economy Take a Stand* > > By NOAM SCHEIBER > > FEB. 2, 2016 > > Last September, Dallas-area drivers for UberBlack, the company’s high-end > car service, received an email informing them that they would be expected > to start picking up passengers on UberX, its low-cost option. > > The next day, when the policy was scheduled to go into effect, dozens of > drivers caravaned to Uber’s office in downtown Dallas and planted > themselves outside until company officials met with them. Many had taken > out loans to buy luxury vehicles that cost upward of $35,000, and worried > that the modest per-mile rate for UberX passengers would barely cover gas > and wear and tear, to say nothing of their car payments. > > The standoff stretched across nearly three more tense days until Uber > allowed them to opt out of the policy. “They thought we were just going to > give up, walk away,” said Kirubel Kebede, a leader of the group. “But we > said, ‘No, this is our livelihood.’” > > In the rapid growth of the online gig economy, many workers have felt > squeezed and at times dehumanized by a business structure that promises > independence but often leaves them at the mercy of increasingly powerful > companies. Some are beginning to band together in search of leverage and to > secure what they see as fairer treatment from the platforms that make the > work possible. > > […] > > Continua qui: > http://www.nytimes.com/2016/02/03/business/uber-drivers-and-others-in-the-g… > > > _______________________________________________ > nexa mailing list > nexa(a)server-nexa.polito.it > https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa > > -- Enrico Biale Università del Piemonte Orientale Dipartimento di Studi Umanistici via Galileo Ferraris 116 13100 Vercelli e-mail: enrico.biale(a)uniupo.it <enrico.biale(a)lett.unipmn.it>

Feb. 3, 2016

"The Tragedy of Ethiopia's Internet"

by J.C. DE MARTIN

*The Tragedy of Ethiopia's Internet** * WRITTEN BY JUSTIN LYNCH February 1, 2016 // 09:00 AM EST Nafkot Nega thinks journalists are terrorists. When I visited him and his mother, Serkalem Fassil, at their tiny apartment in the outskirts of Washington, DC, in early January, 9-year-old Nafkot intermittently murmured and jabbed his hands, pretending to be a superhero fighting criminals. Perhaps some of those criminals were journalists like his father, Eskinder Nega, who was convicted of violating Ethiopia’s anti-terror law in July 2012. Eskinder is currently serving an 18-year prison sentence. “Journalism is a crime or a terrorist act in his mind because what has been portrayed about [his dad],” Serkalem explained to me through a translator. “Not only his dad, but if you mention any journalist he will scream and say ‘I don't like journalists!’” Their story is a weaving tale that mirrors how Ethiopia, home to over 90 million people, became a digital hermit nation. How Nafkot come to believe journalism is a crime equivalent to terrorism is a case study of how governments have used the internet as a tool for repression. […] Continua qui: https://motherboard.vice.com/read/the-tragedy-of-ethiopias-internet

Feb. 3, 2016

NYT: "Uber Drivers and Others in the Gig Economy Take a Stand"

by J.C. DE MARTIN

*Uber Drivers and Others in the Gig Economy Take a Stand** * By NOAM SCHEIBER FEB. 2, 2016 Last September, Dallas-area drivers for UberBlack, the company’s high-end car service, received an email informing them that they would be expected to start picking up passengers on UberX, its low-cost option. The next day, when the policy was scheduled to go into effect, dozens of drivers caravaned to Uber’s office in downtown Dallas and planted themselves outside until company officials met with them. Many had taken out loans to buy luxury vehicles that cost upward of $35,000, and worried that the modest per-mile rate for UberX passengers would barely cover gas and wear and tear, to say nothing of their car payments. The standoff stretched across nearly three more tense days until Uber allowed them to opt out of the policy. “They thought we were just going to give up, walk away,” said Kirubel Kebede, a leader of the group. “But we said, ‘No, this is our livelihood.’” In the rapid growth of the online gig economy, many workers have felt squeezed and at times dehumanized by a business structure that promises independence but often leaves them at the mercy of increasingly powerful companies. Some are beginning to band together in search of leverage and to secure what they see as fairer treatment from the platforms that make the work possible. […] Continua qui: http://www.nytimes.com/2016/02/03/business/uber-drivers-and-others-in-the-g…

Feb. 3, 2016

Re: [nexa] EU Commission and United States agree on new framework for transatlantic data flows: EU-US Privacy Shield

by Stefano Quintarelli

non riesco a capire bene cosa lamenti edri probabilmente hanno piu' info di quante siano pubbliche On 02/02/2016 19:33, Alberto Cammozzo wrote: > Il primo commento di EDRI è negativo: > > <https://edri.org/european-commission-defence-of-european-rights-sinks-in-un…> > > > 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 today announced plans to back down > from defending the European Court’s ruling and to accept a new badly > flawed arrangement. > > 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. > said Joe McNamee, Executive Director of European Digital Rights. > > 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 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 last 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. > > Parliamentarians from across the political spectrum last 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 > Magicsecurity Act and seeing the lack of any meaningful reforms on the > US side, it is hard to disagree. > > > > On 02/02/2016 19:05, Stefano Quintarelli wrote: >> >> >> On 02/02/2016 18:52, Alessandro Mantelero wrote: >>> che si sia giunti ad un accordo è positivo per varie ragioni, occorrerà >>> ora vedere come questo si declini nei dettagli ed eventuali reazioni dei >>> Garanti. >>> >>> In generale, pare emergere un quadro di maggiori tutele rispetto al SH e >>> questo è un buon risultato per l'UE, che è riuscita a mantenere una >>> posizione di tutela sul tema dei dati. >>> Personalmente temo che il modello EU sia meno forte di come appare, ma, >>> come mi faceva notare Marc Rotenberg qualche giorno fa, ha comunque >>> avuto il grande merito di innalzare il livello globale di tutela e il >>> nuovo accordo conferma questo indirizzo evolutivo.. >> >> il che confermerebbe che la UE conta, su un tavolo assai strategico >> >> >> >>> >>> AM >>> >>> >>> >>> On Tue, 2 Feb 2016 18:45:00 +0100 >>> Stefano Quintarelli <stefano(a)quintarelli.it> wrote: >>>> per come e' scritto il CS, mi sembrerebbe un buon risultato. >>>> >>>> On 02/02/2016 18:29, Alessandro Mantelero wrote: >>>>> European Commission - Press release >>>>> EU Commission and United States agree on new framework for >>>>> transatlantic >>>>> data flows: EU-US Privacy Shield >>>>> >>>>> Strasbourg, 2 February 2016 >>>>> >>>>> The European Commission and the United States have agreed on a new >>>>> framework for transatlantic data flows: the EU-US Privacy Shield. >>>>> >>>>> Today, the College of Commissioners approved the political agreement >>>>> reached and has mandated Vice-President Ansip and Commissioner Jourová >>>>> to prepare the necessary steps to put in place the new arrangement. >>>>> This >>>>> new framework will protect the fundamental rights of Europeans where >>>>> their data is transferred to the United States and ensure legal >>>>> certainty for businesses. >>>>> >>>>> The EU-US Privacy Shield reflects the requirements set out by the >>>>> European Court of Justice in its ruling on 6 October 2015, which >>>>> declared the old Safe Harbour framework invalid. The new arrangement >>>>> will provide stronger obligations on companies in the U.S. to protect >>>>> the personal data of Europeans and stronger monitoring and enforcement >>>>> by the U.S. Department of Commerce and Federal Trade Commission (FTC), >>>>> including through increased cooperation with European Data Protection >>>>> Authorities. The new arrangement includes commitments by the U.S. that >>>>> possibilities under U.S. law for public authorities to access personal >>>>> data transferred under the new arrangement will be subject to clear >>>>> conditions, limitations and oversight, preventing generalised access. >>>>> Europeans will have the possibility to raise any enquiry or >>>>> complaint in >>>>> this context with a dedicated new Ombudsperson. >>>>> >>>>> Vice-President Ansip said: "We have agreed on a new strong >>>>> framework on >>>>> data flows with the US. Our people can be sure that their personal >>>>> data >>>>> is fully protected. Our businesses, especially the smallest ones, have >>>>> the legal certainty they need to develop their activities across the >>>>> Atlantic. We have a duty to check and we will closely monitor the new >>>>> arrangement to make sure it keeps delivering. Today's decision >>>>> helps us >>>>> build a Digital Single Market in the EU, a trusted and dynamic online >>>>> environment; it further strengthens our close partnership with the US. >>>>> We will work now to put it in place as soon as possible." >>>>> >>>>> Commissioner Jourová said: "The new EU-US Privacy Shield will protect >>>>> the fundamental rights of Europeans when their personal data is >>>>> transferred to U.S. companies. For the first time ever, the United >>>>> States has given the EU binding assurances that the access of public >>>>> authorities for national security purposes will be subject to clear >>>>> limitations, safeguards and oversight mechanisms. Also for the first >>>>> time, EU citizens will benefit from redress mechanisms in this >>>>> area. In >>>>> the context of the negotiations for this agreement, the US has assured >>>>> that it does not conduct mass or indiscriminate surveillance of >>>>> Europeans. We have established an annual joint review in order to >>>>> closely monitor the implementation of these commitments." >>>>> >>>>> The new arrangement will include the following elements: >>>>> >>>>> Strong obligations on companies handling Europeans' personal data >>>>> and robust enforcement: U.S. companies wishing to import personal data >>>>> from Europe will need to commit to robust obligations on how personal >>>>> data is processed and individual rights are guaranteed. The Department >>>>> of Commerce will monitor that companies publish their commitments, >>>>> which >>>>> makes them enforceable under U.S. law by the US. Federal Trade >>>>> Commission. In addition, any company handling human resources data >>>>> from >>>>> Europe has to commit to comply with decisions by European DPAs. >>>>> >>>>> Clear safeguards and transparency obligations on U.S. government >>>>> access: For the first time, the US has given the EU written assurances >>>>> that the access of public authorities for law enforcement and national >>>>> security will be subject to clear limitations, safeguards and >>>>> oversight >>>>> mechanisms. These exceptions must be used only to the extent necessary >>>>> and proportionate. The U.S. has ruled out indiscriminate mass >>>>> surveillance on the personal data transferred to the US under the new >>>>> arrangement. To regularly monitor the functioning of the arrangement >>>>> there will be an annual joint review, which will also include the >>>>> issue >>>>> of national security access. The European Commission and the U.S. >>>>> Department of Commerce will conduct the review and invite national >>>>> intelligence experts from the U.S. and European Data Protection >>>>> Authorities to it. >>>>> >>>>> Effective protection of EU citizens' rights with several redress >>>>> possibilities: Any citizen who considers that their data has been >>>>> misused under the new arrangement will have several redress >>>>> possibilities. Companies have deadlines to reply to complaints. >>>>> European >>>>> DPAs can refer complaints to the Department of Commerce and the >>>>> Federal >>>>> Trade Commission. In addition, Alternative Dispute resolution will be >>>>> free of charge. For complaints on possible access by national >>>>> intelligence authorities, a new Ombudsperson will be created. >>>>> >>>>> Next steps >>>>> >>>>> The College has today mandated Vice-President Ansip and Commissioner >>>>> Jourová to prepare a draft "adequacy decision" in the coming weeks, >>>>> which could then be adopted by the College after obtaining the >>>>> advice of >>>>> the Article 29 Working Party and after consulting a committee composed >>>>> of representatives of the Member States. In the meantime, the U.S. >>>>> side >>>>> will make the necessary preparations to put in place the new >>>>> framework, >>>>> monitoring mechanisms and new Ombudsman. >>>>> >>>>> Background >>>>> >>>>> On 6 October, the Court of Justice declared in the Schrems case that >>>>> Commission’s Decision on the Safe Harbour arrangement was invalid. The >>>>> judgment confirmed the Commission's approach since November 2013 to >>>>> review the Safe Harbour arrangement, to ensure in practice a >>>>> sufficient >>>>> level of data protection as required by EU law. >>>>> >>>>> On 15 October, Vice-President Ansip, Commissioners Oettinger and >>>>> Jourová >>>>> met business and industry representatives who asked for a clear and >>>>> uniform interpretation of the ruling, as well as more clarity on the >>>>> instruments they could use to transfer data. >>>>> >>>>> On 16 October, the 28 national data protection authorities (Article 29 >>>>> Working Party) issued a statement on the consequences of the judgment. >>>>> >>>>> On 6 November, the Commission issued guidance for companies on the >>>>> possibilities of transatlantic data transfers following the ruling >>>>> until >>>>> a new framework is put in place. >>>>> >>>>> On 2 December, the College of Commissioners discussed the progress of >>>>> the negotiations. Commissioner Jourová received a mandate to pursue >>>>> the >>>>> negotiations on a renewed and safe framework with the US. >>>>> >>>>> >>>>> >>>>> >>>>> >>>>> >>>>> >>>>> -- >>>>> Prof. Avv. Alessandro Mantelero >>>>> Politecnico di Torino >>>>> >>>>> Nexa Center for Internet and Society | Director of Privacy >>>>> Politecnico di Torino–Tongji University| Coordinator, Double Degree >>>>> program in Management and IP Law >>>>> Nanjing University of Information Science and Technology | Part-time >>>>> Expert, School of Public Administration >>>>> European Data Protection Law Review | Associate Editor >>>>> >>>>> http://staff.polito.it/alessandro.mantelero >>>>> >>>>> EMAIL POLICY: twice a day (Mon-Fri) >>>>> _______________________________________________ >>>>> nexa mailing list >>>>> nexa(a)server-nexa.polito.it >>>>> https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa >>>>> >>>>> >>>>> ----- >>>>> Nessun virus nel messaggio. >>>>> Controllato da AVG - www.avg.com >>>>> Versione: 2016.0.7357 / Database dei virus: 4522/11539 - Data di >>>>> rilascio: 02/02/2016 >>> >>> -- >>> Prof. Avv. Alessandro Mantelero >>> Politecnico di Torino >>> >>> Nexa Center for Internet and Society | Director of Privacy >>> Politecnico di Torino–Tongji University| Coordinator, Double Degree >>> program in Management and IP Law >>> Nanjing University of Information Science and Technology | Part-time >>> Expert, School of Public Administration >>> European Data Protection Law Review | Associate Editor >>> >>> http://staff.polito.it/alessandro.mantelero >>> >>> EMAIL POLICY: twice a day (Mon-Fri) >>> >>> >>> ----- >>> Nessun virus nel messaggio. >>> Controllato da AVG - www.avg.com >>> Versione: 2016.0.7357 / Database dei virus: 4522/11539 - Data di >>> rilascio: 02/02/2016 >> _______________________________________________ >> nexa mailing list >> nexa(a)server-nexa.polito.it >> https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa > > _______________________________________________ > nexa mailing list > nexa(a)server-nexa.polito.it > https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa > > > ----- > Nessun virus nel messaggio. > Controllato da AVG - www.avg.com > Versione: 2016.0.7357 / Database dei virus: 4522/11539 - Data di > rilascio: 02/02/2016

Feb. 2, 2016

Re: [nexa] EU Commission and United States agree on new framework for transatlantic data flows: EU-US Privacy Shield

by Alberto Cammozzo

Il primo commento di EDRI è negativo: <https://edri.org/european-commission-defence-of-european-rights-sinks-in-un…> 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 today announced plans to back down from defending the European Court’s ruling and to accept a new badly flawed arrangement. 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. said Joe McNamee, Executive Director of European Digital Rights. 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 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 last 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. Parliamentarians from across the political spectrum last 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 Magicsecurity Act and seeing the lack of any meaningful reforms on the US side, it is hard to disagree. On 02/02/2016 19:05, Stefano Quintarelli wrote: > > > On 02/02/2016 18:52, Alessandro Mantelero wrote: >> che si sia giunti ad un accordo è positivo per varie ragioni, occorrerà >> ora vedere come questo si declini nei dettagli ed eventuali reazioni dei >> Garanti. >> >> In generale, pare emergere un quadro di maggiori tutele rispetto al SH e >> questo è un buon risultato per l'UE, che è riuscita a mantenere una >> posizione di tutela sul tema dei dati. >> Personalmente temo che il modello EU sia meno forte di come appare, ma, >> come mi faceva notare Marc Rotenberg qualche giorno fa, ha comunque >> avuto il grande merito di innalzare il livello globale di tutela e il >> nuovo accordo conferma questo indirizzo evolutivo.. > > il che confermerebbe che la UE conta, su un tavolo assai strategico > > > >> >> AM >> >> >> >> On Tue, 2 Feb 2016 18:45:00 +0100 >> Stefano Quintarelli <stefano(a)quintarelli.it> wrote: >>> per come e' scritto il CS, mi sembrerebbe un buon risultato. >>> >>> On 02/02/2016 18:29, Alessandro Mantelero wrote: >>>> European Commission - Press release >>>> EU Commission and United States agree on new framework for >>>> transatlantic >>>> data flows: EU-US Privacy Shield >>>> >>>> Strasbourg, 2 February 2016 >>>> >>>> The European Commission and the United States have agreed on a new >>>> framework for transatlantic data flows: the EU-US Privacy Shield. >>>> >>>> Today, the College of Commissioners approved the political agreement >>>> reached and has mandated Vice-President Ansip and Commissioner Jourová >>>> to prepare the necessary steps to put in place the new arrangement. >>>> This >>>> new framework will protect the fundamental rights of Europeans where >>>> their data is transferred to the United States and ensure legal >>>> certainty for businesses. >>>> >>>> The EU-US Privacy Shield reflects the requirements set out by the >>>> European Court of Justice in its ruling on 6 October 2015, which >>>> declared the old Safe Harbour framework invalid. The new arrangement >>>> will provide stronger obligations on companies in the U.S. to protect >>>> the personal data of Europeans and stronger monitoring and enforcement >>>> by the U.S. Department of Commerce and Federal Trade Commission (FTC), >>>> including through increased cooperation with European Data Protection >>>> Authorities. The new arrangement includes commitments by the U.S. that >>>> possibilities under U.S. law for public authorities to access personal >>>> data transferred under the new arrangement will be subject to clear >>>> conditions, limitations and oversight, preventing generalised access. >>>> Europeans will have the possibility to raise any enquiry or >>>> complaint in >>>> this context with a dedicated new Ombudsperson. >>>> >>>> Vice-President Ansip said: "We have agreed on a new strong >>>> framework on >>>> data flows with the US. Our people can be sure that their personal >>>> data >>>> is fully protected. Our businesses, especially the smallest ones, have >>>> the legal certainty they need to develop their activities across the >>>> Atlantic. We have a duty to check and we will closely monitor the new >>>> arrangement to make sure it keeps delivering. Today's decision >>>> helps us >>>> build a Digital Single Market in the EU, a trusted and dynamic online >>>> environment; it further strengthens our close partnership with the US. >>>> We will work now to put it in place as soon as possible." >>>> >>>> Commissioner Jourová said: "The new EU-US Privacy Shield will protect >>>> the fundamental rights of Europeans when their personal data is >>>> transferred to U.S. companies. For the first time ever, the United >>>> States has given the EU binding assurances that the access of public >>>> authorities for national security purposes will be subject to clear >>>> limitations, safeguards and oversight mechanisms. Also for the first >>>> time, EU citizens will benefit from redress mechanisms in this >>>> area. In >>>> the context of the negotiations for this agreement, the US has assured >>>> that it does not conduct mass or indiscriminate surveillance of >>>> Europeans. We have established an annual joint review in order to >>>> closely monitor the implementation of these commitments." >>>> >>>> The new arrangement will include the following elements: >>>> >>>> Strong obligations on companies handling Europeans' personal data >>>> and robust enforcement: U.S. companies wishing to import personal data >>>> from Europe will need to commit to robust obligations on how personal >>>> data is processed and individual rights are guaranteed. The Department >>>> of Commerce will monitor that companies publish their commitments, >>>> which >>>> makes them enforceable under U.S. law by the US. Federal Trade >>>> Commission. In addition, any company handling human resources data >>>> from >>>> Europe has to commit to comply with decisions by European DPAs. >>>> >>>> Clear safeguards and transparency obligations on U.S. government >>>> access: For the first time, the US has given the EU written assurances >>>> that the access of public authorities for law enforcement and national >>>> security will be subject to clear limitations, safeguards and >>>> oversight >>>> mechanisms. These exceptions must be used only to the extent necessary >>>> and proportionate. The U.S. has ruled out indiscriminate mass >>>> surveillance on the personal data transferred to the US under the new >>>> arrangement. To regularly monitor the functioning of the arrangement >>>> there will be an annual joint review, which will also include the >>>> issue >>>> of national security access. The European Commission and the U.S. >>>> Department of Commerce will conduct the review and invite national >>>> intelligence experts from the U.S. and European Data Protection >>>> Authorities to it. >>>> >>>> Effective protection of EU citizens' rights with several redress >>>> possibilities: Any citizen who considers that their data has been >>>> misused under the new arrangement will have several redress >>>> possibilities. Companies have deadlines to reply to complaints. >>>> European >>>> DPAs can refer complaints to the Department of Commerce and the >>>> Federal >>>> Trade Commission. In addition, Alternative Dispute resolution will be >>>> free of charge. For complaints on possible access by national >>>> intelligence authorities, a new Ombudsperson will be created. >>>> >>>> Next steps >>>> >>>> The College has today mandated Vice-President Ansip and Commissioner >>>> Jourová to prepare a draft "adequacy decision" in the coming weeks, >>>> which could then be adopted by the College after obtaining the >>>> advice of >>>> the Article 29 Working Party and after consulting a committee composed >>>> of representatives of the Member States. In the meantime, the U.S. >>>> side >>>> will make the necessary preparations to put in place the new >>>> framework, >>>> monitoring mechanisms and new Ombudsman. >>>> >>>> Background >>>> >>>> On 6 October, the Court of Justice declared in the Schrems case that >>>> Commission’s Decision on the Safe Harbour arrangement was invalid. The >>>> judgment confirmed the Commission's approach since November 2013 to >>>> review the Safe Harbour arrangement, to ensure in practice a >>>> sufficient >>>> level of data protection as required by EU law. >>>> >>>> On 15 October, Vice-President Ansip, Commissioners Oettinger and >>>> Jourová >>>> met business and industry representatives who asked for a clear and >>>> uniform interpretation of the ruling, as well as more clarity on the >>>> instruments they could use to transfer data. >>>> >>>> On 16 October, the 28 national data protection authorities (Article 29 >>>> Working Party) issued a statement on the consequences of the judgment. >>>> >>>> On 6 November, the Commission issued guidance for companies on the >>>> possibilities of transatlantic data transfers following the ruling >>>> until >>>> a new framework is put in place. >>>> >>>> On 2 December, the College of Commissioners discussed the progress of >>>> the negotiations. Commissioner Jourová received a mandate to pursue >>>> the >>>> negotiations on a renewed and safe framework with the US. >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> -- >>>> Prof. Avv. Alessandro Mantelero >>>> Politecnico di Torino >>>> >>>> Nexa Center for Internet and Society | Director of Privacy >>>> Politecnico di Torino–Tongji University| Coordinator, Double Degree >>>> program in Management and IP Law >>>> Nanjing University of Information Science and Technology | Part-time >>>> Expert, School of Public Administration >>>> European Data Protection Law Review | Associate Editor >>>> >>>> http://staff.polito.it/alessandro.mantelero >>>> >>>> EMAIL POLICY: twice a day (Mon-Fri) >>>> _______________________________________________ >>>> nexa mailing list >>>> nexa(a)server-nexa.polito.it >>>> https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa >>>> >>>> >>>> ----- >>>> Nessun virus nel messaggio. >>>> Controllato da AVG - www.avg.com >>>> Versione: 2016.0.7357 / Database dei virus: 4522/11539 - Data di >>>> rilascio: 02/02/2016 >> >> -- >> Prof. Avv. Alessandro Mantelero >> Politecnico di Torino >> >> Nexa Center for Internet and Society | Director of Privacy >> Politecnico di Torino–Tongji University| Coordinator, Double Degree >> program in Management and IP Law >> Nanjing University of Information Science and Technology | Part-time >> Expert, School of Public Administration >> European Data Protection Law Review | Associate Editor >> >> http://staff.polito.it/alessandro.mantelero >> >> EMAIL POLICY: twice a day (Mon-Fri) >> >> >> ----- >> Nessun virus nel messaggio. >> Controllato da AVG - www.avg.com >> Versione: 2016.0.7357 / Database dei virus: 4522/11539 - Data di >> rilascio: 02/02/2016 > _______________________________________________ > nexa mailing list > nexa(a)server-nexa.polito.it > https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa

Feb. 2, 2016

Re: [nexa] EU Commission and United States agree on new framework for transatlantic data flows: EU-US Privacy Shield

by Stefano Quintarelli

On 02/02/2016 18:52, Alessandro Mantelero wrote: > che si sia giunti ad un accordo è positivo per varie ragioni, occorrerà > ora vedere come questo si declini nei dettagli ed eventuali reazioni dei > Garanti. > > In generale, pare emergere un quadro di maggiori tutele rispetto al SH e > questo è un buon risultato per l'UE, che è riuscita a mantenere una > posizione di tutela sul tema dei dati. > Personalmente temo che il modello EU sia meno forte di come appare, ma, > come mi faceva notare Marc Rotenberg qualche giorno fa, ha comunque > avuto il grande merito di innalzare il livello globale di tutela e il > nuovo accordo conferma questo indirizzo evolutivo.. il che confermerebbe che la UE conta, su un tavolo assai strategico > > AM > > > > On Tue, 2 Feb 2016 18:45:00 +0100 > Stefano Quintarelli <stefano(a)quintarelli.it> wrote: >> per come e' scritto il CS, mi sembrerebbe un buon risultato. >> >> On 02/02/2016 18:29, Alessandro Mantelero wrote: >>> European Commission - Press release >>> EU Commission and United States agree on new framework for transatlantic >>> data flows: EU-US Privacy Shield >>> >>> Strasbourg, 2 February 2016 >>> >>> The European Commission and the United States have agreed on a new >>> framework for transatlantic data flows: the EU-US Privacy Shield. >>> >>> Today, the College of Commissioners approved the political agreement >>> reached and has mandated Vice-President Ansip and Commissioner Jourová >>> to prepare the necessary steps to put in place the new arrangement. This >>> new framework will protect the fundamental rights of Europeans where >>> their data is transferred to the United States and ensure legal >>> certainty for businesses. >>> >>> The EU-US Privacy Shield reflects the requirements set out by the >>> European Court of Justice in its ruling on 6 October 2015, which >>> declared the old Safe Harbour framework invalid. The new arrangement >>> will provide stronger obligations on companies in the U.S. to protect >>> the personal data of Europeans and stronger monitoring and enforcement >>> by the U.S. Department of Commerce and Federal Trade Commission (FTC), >>> including through increased cooperation with European Data Protection >>> Authorities. The new arrangement includes commitments by the U.S. that >>> possibilities under U.S. law for public authorities to access personal >>> data transferred under the new arrangement will be subject to clear >>> conditions, limitations and oversight, preventing generalised access. >>> Europeans will have the possibility to raise any enquiry or complaint in >>> this context with a dedicated new Ombudsperson. >>> >>> Vice-President Ansip said: "We have agreed on a new strong framework on >>> data flows with the US. Our people can be sure that their personal data >>> is fully protected. Our businesses, especially the smallest ones, have >>> the legal certainty they need to develop their activities across the >>> Atlantic. We have a duty to check and we will closely monitor the new >>> arrangement to make sure it keeps delivering. Today's decision helps us >>> build a Digital Single Market in the EU, a trusted and dynamic online >>> environment; it further strengthens our close partnership with the US. >>> We will work now to put it in place as soon as possible." >>> >>> Commissioner Jourová said: "The new EU-US Privacy Shield will protect >>> the fundamental rights of Europeans when their personal data is >>> transferred to U.S. companies. For the first time ever, the United >>> States has given the EU binding assurances that the access of public >>> authorities for national security purposes will be subject to clear >>> limitations, safeguards and oversight mechanisms. Also for the first >>> time, EU citizens will benefit from redress mechanisms in this area. In >>> the context of the negotiations for this agreement, the US has assured >>> that it does not conduct mass or indiscriminate surveillance of >>> Europeans. We have established an annual joint review in order to >>> closely monitor the implementation of these commitments." >>> >>> The new arrangement will include the following elements: >>> >>> Strong obligations on companies handling Europeans' personal data >>> and robust enforcement: U.S. companies wishing to import personal data >>> from Europe will need to commit to robust obligations on how personal >>> data is processed and individual rights are guaranteed. The Department >>> of Commerce will monitor that companies publish their commitments, which >>> makes them enforceable under U.S. law by the US. Federal Trade >>> Commission. In addition, any company handling human resources data from >>> Europe has to commit to comply with decisions by European DPAs. >>> >>> Clear safeguards and transparency obligations on U.S. government >>> access: For the first time, the US has given the EU written assurances >>> that the access of public authorities for law enforcement and national >>> security will be subject to clear limitations, safeguards and oversight >>> mechanisms. These exceptions must be used only to the extent necessary >>> and proportionate. The U.S. has ruled out indiscriminate mass >>> surveillance on the personal data transferred to the US under the new >>> arrangement. To regularly monitor the functioning of the arrangement >>> there will be an annual joint review, which will also include the issue >>> of national security access. The European Commission and the U.S. >>> Department of Commerce will conduct the review and invite national >>> intelligence experts from the U.S. and European Data Protection >>> Authorities to it. >>> >>> Effective protection of EU citizens' rights with several redress >>> possibilities: Any citizen who considers that their data has been >>> misused under the new arrangement will have several redress >>> possibilities. Companies have deadlines to reply to complaints. European >>> DPAs can refer complaints to the Department of Commerce and the Federal >>> Trade Commission. In addition, Alternative Dispute resolution will be >>> free of charge. For complaints on possible access by national >>> intelligence authorities, a new Ombudsperson will be created. >>> >>> Next steps >>> >>> The College has today mandated Vice-President Ansip and Commissioner >>> Jourová to prepare a draft "adequacy decision" in the coming weeks, >>> which could then be adopted by the College after obtaining the advice of >>> the Article 29 Working Party and after consulting a committee composed >>> of representatives of the Member States. In the meantime, the U.S. side >>> will make the necessary preparations to put in place the new framework, >>> monitoring mechanisms and new Ombudsman. >>> >>> Background >>> >>> On 6 October, the Court of Justice declared in the Schrems case that >>> Commission’s Decision on the Safe Harbour arrangement was invalid. The >>> judgment confirmed the Commission's approach since November 2013 to >>> review the Safe Harbour arrangement, to ensure in practice a sufficient >>> level of data protection as required by EU law. >>> >>> On 15 October, Vice-President Ansip, Commissioners Oettinger and Jourová >>> met business and industry representatives who asked for a clear and >>> uniform interpretation of the ruling, as well as more clarity on the >>> instruments they could use to transfer data. >>> >>> On 16 October, the 28 national data protection authorities (Article 29 >>> Working Party) issued a statement on the consequences of the judgment. >>> >>> On 6 November, the Commission issued guidance for companies on the >>> possibilities of transatlantic data transfers following the ruling until >>> a new framework is put in place. >>> >>> On 2 December, the College of Commissioners discussed the progress of >>> the negotiations. Commissioner Jourová received a mandate to pursue the >>> negotiations on a renewed and safe framework with the US. >>> >>> >>> >>> >>> >>> >>> >>> -- >>> Prof. Avv. Alessandro Mantelero >>> Politecnico di Torino >>> >>> Nexa Center for Internet and Society | Director of Privacy >>> Politecnico di Torino–Tongji University| Coordinator, Double Degree >>> program in Management and IP Law >>> Nanjing University of Information Science and Technology | Part-time >>> Expert, School of Public Administration >>> European Data Protection Law Review | Associate Editor >>> >>> http://staff.polito.it/alessandro.mantelero >>> >>> EMAIL POLICY: twice a day (Mon-Fri) >>> _______________________________________________ >>> nexa mailing list >>> nexa(a)server-nexa.polito.it >>> https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa >>> >>> >>> ----- >>> Nessun virus nel messaggio. >>> Controllato da AVG - www.avg.com >>> Versione: 2016.0.7357 / Database dei virus: 4522/11539 - Data di >>> rilascio: 02/02/2016 > > -- > Prof. Avv. Alessandro Mantelero > Politecnico di Torino > > Nexa Center for Internet and Society | Director of Privacy > Politecnico di Torino–Tongji University| Coordinator, Double Degree > program in Management and IP Law > Nanjing University of Information Science and Technology | Part-time > Expert, School of Public Administration > European Data Protection Law Review | Associate Editor > > http://staff.polito.it/alessandro.mantelero > > EMAIL POLICY: twice a day (Mon-Fri) > > > ----- > Nessun virus nel messaggio. > Controllato da AVG - www.avg.com > Versione: 2016.0.7357 / Database dei virus: 4522/11539 - Data di > rilascio: 02/02/2016

Feb. 2, 2016

Re: [nexa] EU Commission and United States agree on new framework for transatlantic data flows: EU-US Privacy Shield

by Alessandro Mantelero

che si sia giunti ad un accordo è positivo per varie ragioni, occorrerà ora vedere come questo si declini nei dettagli ed eventuali reazioni dei Garanti. In generale, pare emergere un quadro di maggiori tutele rispetto al SH e questo è un buon risultato per l'UE, che è riuscita a mantenere una posizione di tutela sul tema dei dati. Personalmente temo che il modello EU sia meno forte di come appare, ma, come mi faceva notare Marc Rotenberg qualche giorno fa, ha comunque avuto il grande merito di innalzare il livello globale di tutela e il nuovo accordo conferma questo indirizzo evolutivo.. AM On Tue, 2 Feb 2016 18:45:00 +0100 Stefano Quintarelli <stefano(a)quintarelli.it> wrote: > per come e' scritto il CS, mi sembrerebbe un buon >risultato. > > On 02/02/2016 18:29, Alessandro Mantelero wrote: >> European Commission - Press release >> EU Commission and United States agree on new framework >>for transatlantic >> data flows: EU-US Privacy Shield >> >> Strasbourg, 2 February 2016 >> >> The European Commission and the United States have >>agreed on a new >> framework for transatlantic data flows: the EU-US >>Privacy Shield. >> >> Today, the College of Commissioners approved the >>political agreement >> reached and has mandated Vice-President Ansip and >>Commissioner Jourová >> to prepare the necessary steps to put in place the new >>arrangement. This >> new framework will protect the fundamental rights of >>Europeans where >> their data is transferred to the United States and >>ensure legal >> certainty for businesses. >> >> The EU-US Privacy Shield reflects the requirements set >>out by the >> European Court of Justice in its ruling on 6 October >>2015, which >> declared the old Safe Harbour framework invalid. The new >>arrangement >> will provide stronger obligations on companies in the >>U.S. to protect >> the personal data of Europeans and stronger monitoring >>and enforcement >> by the U.S. Department of Commerce and Federal Trade >>Commission (FTC), >> including through increased cooperation with European >>Data Protection >> Authorities. The new arrangement includes commitments by >>the U.S. that >> possibilities under U.S. law for public authorities to >>access personal >> data transferred under the new arrangement will be >>subject to clear >> conditions, limitations and oversight, preventing >>generalised access. >> Europeans will have the possibility to raise any enquiry >>or complaint in >> this context with a dedicated new Ombudsperson. >> >> Vice-President Ansip said: "We have agreed on a new >>strong framework on >> data flows with the US. Our people can be sure that >>their personal data >> is fully protected. Our businesses, especially the >>smallest ones, have >> the legal certainty they need to develop their >>activities across the >> Atlantic. We have a duty to check and we will closely >>monitor the new >> arrangement to make sure it keeps delivering. Today's >>decision helps us >> build a Digital Single Market in the EU, a trusted and >>dynamic online >> environment; it further strengthens our close >>partnership with the US. >> We will work now to put it in place as soon as >>possible." >> >> Commissioner Jourová said: "The new EU-US Privacy Shield >>will protect >> the fundamental rights of Europeans when their personal >>data is >> transferred to U.S. companies. For the first time ever, >>the United >> States has given the EU binding assurances that the >>access of public >> authorities for national security purposes will be >>subject to clear >> limitations, safeguards and oversight mechanisms. Also >>for the first >> time, EU citizens will benefit from redress mechanisms >>in this area. In >> the context of the negotiations for this agreement, the >>US has assured >> that it does not conduct mass or indiscriminate >>surveillance of >> Europeans. We have established an annual joint review in >>order to >> closely monitor the implementation of these >>commitments." >> >> The new arrangement will include the following elements: >> >> Strong obligations on companies handling Europeans' >>personal data >> and robust enforcement: U.S. companies wishing to import >>personal data >> from Europe will need to commit to robust obligations on >>how personal >> data is processed and individual rights are guaranteed. >>The Department >> of Commerce will monitor that companies publish their >>commitments, which >> makes them enforceable under U.S. law by the US. Federal >>Trade >> Commission. In addition, any company handling human >>resources data from >> Europe has to commit to comply with decisions by >>European DPAs. >> >> Clear safeguards and transparency obligations on >>U.S. government >> access: For the first time, the US has given the EU >>written assurances >> that the access of public authorities for law >>enforcement and national >> security will be subject to clear limitations, >>safeguards and oversight >> mechanisms. These exceptions must be used only to the >>extent necessary >> and proportionate. The U.S. has ruled out indiscriminate >>mass >> surveillance on the personal data transferred to the US >>under the new >> arrangement. To regularly monitor the functioning of the >>arrangement >> there will be an annual joint review, which will also >>include the issue >> of national security access. The European Commission and >>the U.S. >> Department of Commerce will conduct the review and >>invite national >> intelligence experts from the U.S. and European Data >>Protection >> Authorities to it. >> >> Effective protection of EU citizens' rights with >>several redress >> possibilities: Any citizen who considers that their data >>has been >> misused under the new arrangement will have several >>redress >> possibilities. Companies have deadlines to reply to >>complaints. European >> DPAs can refer complaints to the Department of Commerce >>and the Federal >> Trade Commission. In addition, Alternative Dispute >>resolution will be >> free of charge. For complaints on possible access by >>national >> intelligence authorities, a new Ombudsperson will be >>created. >> >> Next steps >> >> The College has today mandated Vice-President Ansip and >>Commissioner >> Jourová to prepare a draft "adequacy decision" in the >>coming weeks, >> which could then be adopted by the College after >>obtaining the advice of >> the Article 29 Working Party and after consulting a >>committee composed >> of representatives of the Member States. In the >>meantime, the U.S. side >> will make the necessary preparations to put in place the >>new framework, >> monitoring mechanisms and new Ombudsman. >> >> Background >> >> On 6 October, the Court of Justice declared in the >>Schrems case that >> Commission’s Decision on the Safe Harbour arrangement >>was invalid. The >> judgment confirmed the Commission's approach since >>November 2013 to >> review the Safe Harbour arrangement, to ensure in >>practice a sufficient >> level of data protection as required by EU law. >> >> On 15 October, Vice-President Ansip, Commissioners >>Oettinger and Jourová >> met business and industry representatives who asked for >>a clear and >> uniform interpretation of the ruling, as well as more >>clarity on the >> instruments they could use to transfer data. >> >> On 16 October, the 28 national data protection >>authorities (Article 29 >> Working Party) issued a statement on the consequences of >>the judgment. >> >> On 6 November, the Commission issued guidance for >>companies on the >> possibilities of transatlantic data transfers following >>the ruling until >> a new framework is put in place. >> >> On 2 December, the College of Commissioners discussed >>the progress of >> the negotiations. Commissioner Jourová received a >>mandate to pursue the >> negotiations on a renewed and safe framework with the >>US. >> >> >> >> >> >> >> >> -- >> Prof. Avv. Alessandro Mantelero >> Politecnico di Torino >> >> Nexa Center for Internet and Society | Director of >>Privacy >> Politecnico di Torino–Tongji University| Coordinator, >>Double Degree >> program in Management and IP Law >> Nanjing University of Information Science and Technology >>| Part-time >> Expert, School of Public Administration >> European Data Protection Law Review | Associate Editor >> >> http://staff.polito.it/alessandro.mantelero >> >> EMAIL POLICY: twice a day (Mon-Fri) >> _______________________________________________ >> nexa mailing list >> nexa(a)server-nexa.polito.it >> https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa >> >> >> ----- >> Nessun virus nel messaggio. >> Controllato da AVG - www.avg.com >> Versione: 2016.0.7357 / Database dei virus: 4522/11539 - >> Data di >> rilascio: 02/02/2016 -- Prof. Avv. Alessandro Mantelero Politecnico di Torino Nexa Center for Internet and Society | Director of Privacy Politecnico di Torino–Tongji University| Coordinator, Double Degree program in Management and IP Law Nanjing University of Information Science and Technology | Part-time Expert, School of Public Administration European Data Protection Law Review | Associate Editor http://staff.polito.it/alessandro.mantelero EMAIL POLICY: twice a day (Mon-Fri)

Feb. 2, 2016

Re: [nexa] EU Commission and United States agree on new framework for transatlantic data flows: EU-US Privacy Shield

by Guido Noto La Diega

Bene, attendiamo di leggere il testo! Chissà che non si debba alle iniziative intraprese dal Presidente Renzi su richiesta del Garante http://www.garanteprivacy.it/web/guest/home/docweb/-/docweb-display/docweb/… On 2 February 2016 at 17:45, Stefano Quintarelli <stefano(a)quintarelli.it> wrote: > per come e' scritto il CS, mi sembrerebbe un buon risultato. > > > On 02/02/2016 18:29, Alessandro Mantelero wrote: > >> European Commission - Press release >> EU Commission and United States agree on new framework for transatlantic >> data flows: EU-US Privacy Shield >> >> Strasbourg, 2 February 2016 >> >> The European Commission and the United States have agreed on a new >> framework for transatlantic data flows: the EU-US Privacy Shield. >> >> Today, the College of Commissioners approved the political agreement >> reached and has mandated Vice-President Ansip and Commissioner Jourová >> to prepare the necessary steps to put in place the new arrangement. This >> new framework will protect the fundamental rights of Europeans where >> their data is transferred to the United States and ensure legal >> certainty for businesses. >> >> The EU-US Privacy Shield reflects the requirements set out by the >> European Court of Justice in its ruling on 6 October 2015, which >> declared the old Safe Harbour framework invalid. The new arrangement >> will provide stronger obligations on companies in the U.S. to protect >> the personal data of Europeans and stronger monitoring and enforcement >> by the U.S. Department of Commerce and Federal Trade Commission (FTC), >> including through increased cooperation with European Data Protection >> Authorities. The new arrangement includes commitments by the U.S. that >> possibilities under U.S. law for public authorities to access personal >> data transferred under the new arrangement will be subject to clear >> conditions, limitations and oversight, preventing generalised access. >> Europeans will have the possibility to raise any enquiry or complaint in >> this context with a dedicated new Ombudsperson. >> >> Vice-President Ansip said: "We have agreed on a new strong framework on >> data flows with the US. Our people can be sure that their personal data >> is fully protected. Our businesses, especially the smallest ones, have >> the legal certainty they need to develop their activities across the >> Atlantic. We have a duty to check and we will closely monitor the new >> arrangement to make sure it keeps delivering. Today's decision helps us >> build a Digital Single Market in the EU, a trusted and dynamic online >> environment; it further strengthens our close partnership with the US. >> We will work now to put it in place as soon as possible." >> >> Commissioner Jourová said: "The new EU-US Privacy Shield will protect >> the fundamental rights of Europeans when their personal data is >> transferred to U.S. companies. For the first time ever, the United >> States has given the EU binding assurances that the access of public >> authorities for national security purposes will be subject to clear >> limitations, safeguards and oversight mechanisms. Also for the first >> time, EU citizens will benefit from redress mechanisms in this area. In >> the context of the negotiations for this agreement, the US has assured >> that it does not conduct mass or indiscriminate surveillance of >> Europeans. We have established an annual joint review in order to >> closely monitor the implementation of these commitments." >> >> The new arrangement will include the following elements: >> >> Strong obligations on companies handling Europeans' personal data >> and robust enforcement: U.S. companies wishing to import personal data >> from Europe will need to commit to robust obligations on how personal >> data is processed and individual rights are guaranteed. The Department >> of Commerce will monitor that companies publish their commitments, which >> makes them enforceable under U.S. law by the US. Federal Trade >> Commission. In addition, any company handling human resources data from >> Europe has to commit to comply with decisions by European DPAs. >> >> Clear safeguards and transparency obligations on U.S. government >> access: For the first time, the US has given the EU written assurances >> that the access of public authorities for law enforcement and national >> security will be subject to clear limitations, safeguards and oversight >> mechanisms. These exceptions must be used only to the extent necessary >> and proportionate. The U.S. has ruled out indiscriminate mass >> surveillance on the personal data transferred to the US under the new >> arrangement. To regularly monitor the functioning of the arrangement >> there will be an annual joint review, which will also include the issue >> of national security access. The European Commission and the U.S. >> Department of Commerce will conduct the review and invite national >> intelligence experts from the U.S. and European Data Protection >> Authorities to it. >> >> Effective protection of EU citizens' rights with several redress >> possibilities: Any citizen who considers that their data has been >> misused under the new arrangement will have several redress >> possibilities. Companies have deadlines to reply to complaints. European >> DPAs can refer complaints to the Department of Commerce and the Federal >> Trade Commission. In addition, Alternative Dispute resolution will be >> free of charge. For complaints on possible access by national >> intelligence authorities, a new Ombudsperson will be created. >> >> Next steps >> >> The College has today mandated Vice-President Ansip and Commissioner >> Jourová to prepare a draft "adequacy decision" in the coming weeks, >> which could then be adopted by the College after obtaining the advice of >> the Article 29 Working Party and after consulting a committee composed >> of representatives of the Member States. In the meantime, the U.S. side >> will make the necessary preparations to put in place the new framework, >> monitoring mechanisms and new Ombudsman. >> >> Background >> >> On 6 October, the Court of Justice declared in the Schrems case that >> Commission’s Decision on the Safe Harbour arrangement was invalid. The >> judgment confirmed the Commission's approach since November 2013 to >> review the Safe Harbour arrangement, to ensure in practice a sufficient >> level of data protection as required by EU law. >> >> On 15 October, Vice-President Ansip, Commissioners Oettinger and Jourová >> met business and industry representatives who asked for a clear and >> uniform interpretation of the ruling, as well as more clarity on the >> instruments they could use to transfer data. >> >> On 16 October, the 28 national data protection authorities (Article 29 >> Working Party) issued a statement on the consequences of the judgment. >> >> On 6 November, the Commission issued guidance for companies on the >> possibilities of transatlantic data transfers following the ruling until >> a new framework is put in place. >> >> On 2 December, the College of Commissioners discussed the progress of >> the negotiations. Commissioner Jourová received a mandate to pursue the >> negotiations on a renewed and safe framework with the US. >> >> >> >> >> >> >> >> -- >> Prof. Avv. Alessandro Mantelero >> Politecnico di Torino >> >> Nexa Center for Internet and Society | Director of Privacy >> Politecnico di Torino–Tongji University| Coordinator, Double Degree >> program in Management and IP Law >> Nanjing University of Information Science and Technology | Part-time >> Expert, School of Public Administration >> European Data Protection Law Review | Associate Editor >> >> http://staff.polito.it/alessandro.mantelero >> >> EMAIL POLICY: twice a day (Mon-Fri) >> _______________________________________________ >> nexa mailing list >> nexa(a)server-nexa.polito.it >> https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa >> >> >> ----- >> Nessun virus nel messaggio. >> Controllato da AVG - www.avg.com >> Versione: 2016.0.7357 / Database dei virus: 4522/11539 - Data di >> rilascio: 02/02/2016 >> > _______________________________________________ > nexa mailing list > nexa(a)server-nexa.polito.it > https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa > -- *Guido* Dr. Guido Noto La Diega Associate Lecturer in Law: Intellectual Property Law - Buckinghamshire New University (Department of Law) President of Ital-IoT <http://italiot.altervista.org/about-us/> - Centre of Multidisciplinary Research on the Internet of Things Avvocato <http://www.studioperrino.it/intro/index.asp> (Commercial and IP/IT Lawyer) Cultore della materia in Civil Law and Intellectual Property <http://www.unipa.it/persone/docenti/n/guido.notoladiega> - University of Palermo Queen Alexandra Road High Wycombe Buckinghamshire HP11 2JZ n <g.notoladiega(a)qmul.ac.uk>oto.la.diega(a)gmail.com +44(0)2078823386 @guidonld https://it.linkedin.com/pub/guido-noto-la-diega-ph-d/6/614/669 This e-mail and any attachment hereto are strictly confidential and are exclusively intended for the person above identified. 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Feb. 2, 2016

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