Segnalo in proposito l'analisi condotta dall' EPRS (European Parliamentary Research Service) "From Safe Harbour to Privacy Shield" www.europarl.europa.eu/RegData/etudes/IDAN/2017/595892/EPRS_IDA(2017)595892_EN.pdf AM
---------- Forwarded message ---------- From: Alberto Cammozzo <ac+nexa@zeromx.net> Date: 2017-02-08 17:12 GMT+01:00 Subject: [nexa] Are the US-EU data agreements still alive? To: "nexa@server-nexa.polito.it" <nexa@server-nexa.polito.it>
Privacy Shield potrebbe essere già morto...
<https://edri.org/are-the-us-eu-data-agreements-still-alive/>
Late on the first day of Computers, Data Protection and Privacy (CPDP) Conference on 25 January 2017, word came through that US President Donald Trump had issued Executive Order (EO), “Enhancing Public Safety in the Interior of the United States”, which included the following:
Privacy Act. Agencies shall, to the extent consistent with applicable law, ensure that their privacy policies exclude persons who are not United States citizens or lawful permanent residents from the protections of the Privacy Act regarding personally identifiable information.
Member of the European Parliament (MEP) Jan Philipp Albrecht immediately tweeted <https://twitter.com/JanAlbrecht/status/824553962678390784> that the European Commission must suspend Privacy Shield and sanction the US for breaking the Umbrella Agreement. To the many experts at CPDP, the situation was less clear-cut. Much of the conference’s closing discussion, the Caspar Bowden panel on Privacy Shield and Mass Surveillance, focused on it.
The executive order places three things at risk: Privacy Shield, the EU-US Umbrella Agreement, and the EU-US Passenger Name Records (PNR) Agreement.
The Umbrella Agreement is a framework for transferring law enforcement data from the EU to the US, and was created under the Judicial Redress Act (JRA). Passed in 2015 as an enabler for Privacy Shield, the JRA gives citizens from the EU and its member countries limited rights under the US Privacy Act. The Umbrella Agreement and the list of EU countries were published in the Federal Register on 23 January 2017. Because the pre-conditions have now been met, a data protection lawyer Peter Swire, speaking at CPDP, said that the Umbrella Agreement will enter into force on 1 February.
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Alberto
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