new framework for commercial transfers of personal data.
Speech by Commissioner Jourová: The future of U.S.-EU data transfer arrangements at the Brookings Institution <http://www.statewatch.org/news/2015/nov/eu-com-usa-umbrella-speech.pdf> [...] coming back to our topic of transatlantic data flows, [...] The major difficulty we have faced over the years is the fact that the 1974 Privacy Act only grants rights to US citizens and residents, whereas in the EU there is no such limitation for US citizens in our redress system. One of the essential elements of our agreement is therefore the Judicial Redress Bill that has recently been voted by the House. The Judicial Redress Bill would extend the rights US citizens and residents enjoy under the 1974 Privacy Act also to Europeans. This is a long-awaited and historical step and we appreciate the efforts of the Administration and Congress so far. It would end a de facto discrimination. We now await adoption of the Judicial Redress Bill by the Senate, and I look forward to discussing this with Senators on the Hill tomorrow. For the remainder of my visit to Washington this week, my goal is to bring us closer to finalising discussions on a new framework for commercial transfers of personal data. [...] This is important for transatlantic commercial relations and for effective protection our citizens' personal data. [...] We need to make sure that the new arrangement lives up to the standard of the court ruling. In light of the Court's judgment we need more clarifications from our U.S. counterparts on a number of points. These discussions have not been easy, they are not easy, but they have already yielded results: The U.S. has already committed to stronger oversight by the Department of Commerce, stronger cooperation between European Data Protection Authorities and the Federal Trade Commission. This will transform the system from a purely self-regulating one to an oversight system that is more responsive as well as pro-active. We are also working with the U.S. to put into place an annual joint review mechanism that will cover all aspects of the functioning of the new framework, including the use of exemptions for law enforcement and national security grounds, and that will include the relevant authorities from both sides. Finally, when it comes to the intervention of public authorities, in particular for reasons of law enforcement and national security, the Court underlines that such access to data must be subject to clear conditions and limitations. [] Alberto
participants (1)
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Alberto Cammozzo