Privacy Shield Agreement: EU Says Framework Enough; Privacy Advocates Disagree

First Posted: Jul 14, 2016 06:50 AM EDT
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Privacy Shield agreement between the European Union and the United States has established new guidelines for data sharing. The agreement now allows US tech companies to transfer data from Europe to their servers at home; however, privacy advocates say it is not good enough.

The Privacy Shield Framework is a new set of guidelines approved by the European Commission and US Commerce Department that reigns over data sharing between the two entities. It enables US based tech companies to "self -certify" that they are cordially following the agreement outlined in the framework. It also creates an "ombudsperson" in the US Department on who will be in charge of entertaining privacy related questions and complaints from EU citizens.

Privacy advocates say the protections are not enough and they want to see the Privacy Shield nullified, The Verge reported. The ombudsperson will be granted with limited power to fix problems and will not be too independent since he or she will be reporting to the Secretary of State only.

Access Now, a digital rights advocacy group, stated that the Privacy Shield does not do too much addressing mass surveillance and because of this concern, it lead the EU to throw away the Safe Harbor bill, ComputerWorld reported. Access Now claims that law enforcement agencies can still spy on non-US citizens legally under the Foreign Intelligence Surveillance Act.

The agreement between the EU and the US will continue to allow tech giant companies like Google and Facebook to transfer data from EU to their home servers. Edward Snowden, American computer professional and former CIA member, revealed in October that a mass surveillance is being made by the US government. EU then removed the Safe Harbour Decision that could have led to investigations primarily involving tech companies.

The Privacy Shield replaces the EU's Safe Harbor Decision, which was concreted in 2000. It asserted that the US provided enough privacy protection to meet standards of the EU. It also provided US based tech companies a legal coverage for transferring data from Europe to home servers.

Privacy Shield's final version will give clarity on US surveillances and access to remedy for EU members. Access Now group believes that a major reform on US privacy and surveillance laws will curb the occurrence of mass surveillance of EU citizens as well. However, the EU has made a decision and says that Privacy Shield is enough.

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