EU Data Chiefs Call For Rethink Of Privacy Shield

EU data protection bosses have confirmed they have rejected the proposed Privacy Shield data transfer agreement with US, backing up documents, which were leaked recently.

The Article 29 Data Protection Working Party, which is made up of member state privacy chiefs, has demanded changes to a pact, designed to replace the Safe Harbour agreement.

Evidence first emerged of the organisation's doubts from a document posted on the website of the State Commissioner for Data Protection of Baden-Württemberg.

Now the group has said it is still concerned about the possibility of a "massive and indiscriminate" bulk collection of EU citizens' data by the US authorities, and is demanding further guarantees about the powers a US official would have to handle complaints from EU consumers.

Article 29 chair Isabelle Falque-Pierrotin said: "We believe that we don't have enough security [or] guarantees in the status of the ombudsperson and in their effective powers to be sure that this is really an independent authority."
 
In response to the group's demands, Phil Lee from the law firm Fieldfisher said: "The working party's opinion today can really be summed up in two words: transatlantic chaos. If the Privacy Shield doesn't get adopted, countless US businesses will be left scratching their heads in wonder as to how they can continue to service their EU customers lawfully.

"The working party's opinion creates a real problem for the commission. Does it go against the view of the working party and adopt the Privacy Shield anyway? Or does it go back to the drawing table with the US Department of Commerce and try to negotiate a better deal?"

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