The context and possible implications of Advocate General Henrik Saugmandsgaard Øe’s opinion in Data Protection Commissions v. Facebook Ireland.
Latest in EU-US Privacy Shield
The advocate general’s opinion details some important new jurisprudence about how the EU may look at foreign intelligence surveillance in the future.
There’s a lot going on in the privacy and data protection world. But one of the most pressing issues is the uncertain fate of Privacy Shield, the framework governing the flow of data between the EU and the U.S. for commercial purposes.
My friend Cam Kerry, in a recent Lawfare post expressed concern that actions of the Trump Administration are undermining the Privacy Shield, the important agreement between the United States and the European Union that permits transatlantic data flows. Kerry fears that “the damage the president and his administration have done to relationships with Europe and perceptions of the United States as a trusted partner” will make it hard to sustain the Privacy Shield.
The U.S.-EU Privacy Shield framework, the agreement between the U.S. government and the European Commission that enables continued flows of commercial data from Europe to the United States, is undergoing its first annual review by the Commission and other European institutions. A report on their review is due in September. In the longer term, the Privacy Shield faces potential legal challenges in the Court of Justice of the European Union. [Disclosure: I have advised legal clients on the Privacy Shield and legal challenges.]
Yesterday’s Executive Order on “Enhancing Public Safety in the Interior of the United States” triggered alarm among privacy advocates in the U.S. and EU about the continued viability of the economically important Privacy Shield agreement.
Digital commerce across the Atlantic is highly dependent on the free flow of data. And that, in turn, is dependent on the existence of roughly equivalent privacy protections on both sides of the Atlantic that provide legal, and practical, comfort to Europeans and Americans about the security and privacy of their personal information.
As the new administration takes office this week, we will start to see just how literally to take Donald Trump's pronouncements and the promised targeting of his predecessor’s executive orders for immediate destruction. Trade policy appointments signal that statements about being aggressive against barriers to trade should be taken very literally. Wilbur Ross, the prospective Commerce Secretary; Peter Navarro, tapped to lead a new Trade Council on the White House staff; and Robert Lighthizer, designated U.S.
The podcast is back with a bang from its hiatus. Our guest, Scott DePasquale, is the CEO of Utilidata, an electric utility IoT and cybersecurity company. Scott talks about his contribution to the Internet Security Alliance’s upcoming book, The Cyber Security Social Contract.
This week’s news roundup is dominated by the Ninth Circuit and the European Union. The EU parliament has approved the Privacy Shield that replaces the Safe Harbor. Michael Vatis, Alan Cohn and I ask whether companies should seek protection under what may prove to be a pretty leaky Shield.