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European Data Protection Supervisor Suggests Path After Parliament Dismisses Privacy Shield Draft
On May 26, coming less than two months after the Article 29 Working Party rebuke of the Privacy Shield, the EU parliament voted 501 to 119 on a resolution calling for negotiations on the agreement to continue. See, “EU Privacy Pushback Prompts Lawyers to Look For Plan B,” in the May 2016 issue of e-Commerce Law & Strategy. Its criticisms of the text echoed that of the Working Party, namely the Privacy Shield's insufficiency in dealing with U.S. mass surveillance, protecting EU individual data rights and protections, and effectively enforcing its regulations.
But the chorus of criticism did not stop there. A few days later, on May 30, the EU's European Data Protection Supervisor (EDPS) Giovanni Buttarelli, a member of the Article 29 Working Party, published an opinion that both highlighted the areas of contention and laid out specific recommendations on how to move forward.
In a statement posted on the EU EDPS website, Buttarelli noted that while the Privacy Shield draft is undoubtedly an improvement on Safe Harbor, this is not the benchmark to which any new agreement should be held. An adequacy decision, he explained, “is to be based on the current EU legal framework,” which includes the current Data Protection Directive, several treaties, and “EU Charter of Fundamental Rights of the European Union, as interpreted by the CJEU.”
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