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logo for privacy shield scheme
Feb
02
A deal has now been done on Safe Harbo(u)r - EU/US Privacy Shield.Below we summarise some of the key points from the press conference and give some initial analysis. Note that there is no agreed text of the agreement available, and no detail on any enabling instruments. In many respects this should be seen as a holding position pending the final final actual agreement.On the question of Mass SurveillanceUS has provided letters from the Office of Director of National Intelligence confirming... + read more
ship run aground
Feb
01
The negotiations on Safe Harbor replacement have ended. It appears (unsurprisingly) that no deal has been reached. Key gaps remained in relation to the fundamental issues that were raised in the Schrems case: oversight of mass surveillance to ensure necessity and proportionality and the availability of legal redress in the US for EU citizens for processing of data.Max Schrems sums up the key sticking point:#SafeHarbor 2.0: Let's wait for official statements.But seems @CommerceGov saw this as a... + read more
Jan
27
Where we areNegotiations on Safe Harbor continue ahead of the end January deadline. Currently there is no agreement in sight, and it is unclear exactly how far apart the parties are at this stage.The EU negotiators have a clear position that the bulk of their requirements have been on the table for the last two years, following the EU Commission's review of Safe Harbor in 2013. Add to that the requirements of the CJEU ruling in Schrems in relation to equivalance of protections, as... + read more
Jan
04
As 2016 stutters to a start, attention is focused on the future of Safe Harbor2.0. The official statements are largely erring on the side of positive.However:The powers introduced in the US under CISA fly firmly in the face of the principles that the CJEU has outlined in Schrems, suggesting a failure on the part of US legislators to understand the core issues.Any revised Safe Harbor2.0 will likely be subject to an immediate challenge to the CJEUThe Article 29 Working Party has been clear that... + read more
Dec
22
2015 has been a year of evolution and revolution in Data Protection. A number of key European Court of Justice rulings have interpreted and refined the understanding of the current Directive, and the text of the Regulation has been finalised. All of these raise "complications" for the Man in Red. Below is an overview of some of the issues that arise...If Santa has "elves" in different EU Member States gathering information, and if the department store Santas are his helpers, then... + read more

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