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Thursday, February 11, 2016

Privacy security

European Union: Mightier Than The Shield? EU-US Data Transfers Back Under The Microscope


Together with more stringent obligations on US importers and increased options for EU individuals seeking redress, the announcement states, in particular, that the US has provided "written assurances" on public authorities' access for law enforcement and national security. The US Department of Commerce (the "Department") published a fact sheet providing some further insight on this. In particular, the Department indicated that the Privacy Shield will be "a living framework subject to active supervision", involving annual meetings between the Department, the FTC and WP29. The Department also stressed that the assurances provided by "the US intelligence Community" involve oversight from all three branches of US government and constitutional, statutory and policy safeguards. This extent of these assurances is likely to be key to the success (or otherwise) of the Privacy Shield.

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