The United States is again trying to protect the personal data it shares with Europe through an order signed by the country’s president, Joe Biden. It’s not the first time he’s tried it, because he’s done it before Safe Harbor and Privacy Shield.
Through this signing, the US and the EU intend to protect the secure transfer of data and reduce the risk of cyber espionage. This is the third attempt by a North American country to address its great potential for monitoring European data reaching the other side of the Atlantic and is called Privy Shield 2.0,
Former US Deputy Assistant Commerce Secretary James Sullivan said the 2020 Schrems II court case “created enormous uncertainty about the ability of companies to Transfer personal data from the European Union to the United States in a manner consistent with EU law. Therefore, companies in the country had to demand an “EU-approved data transfer mechanism”.
With Privacy Shield 2.0, Biden hopes to ease concerns about possible surveillance by US intelligence agencies in the old continent. The new framework, discussed in March, gives European users a . will allow the use of independent data protection review tribunal, with members outside the US government. The said body, “shall have full authority to decide on claims and direct corrective measures as required.”
In the order signed by Biden, the government also commits that civil liberties protections be investigated by the Office of the Director of National Intelligence and the Privacy and Civil Liberties Oversight Board.
The current secretary of commerce, Gina Raimondo, announced last Thursday that this new legal framework “includes a concerted commitment to strengthen Privacy and civil liberties guaranteed for Signal Intelligence, which will ensure the confidentiality of EU personal data”.
A European consumer group known as the BEUC finds Privacy Shield 2.0 insufficient: “There have been no significant improvements in addressing issues related to the commercial use of personal data.” Now, we’ll have to wait to see if the EU “adequacy determination” of measures, to assess whether they are sufficient to protect the transfer of information.
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