Tuesday, October 20, 2015

The requirement for the United States: Better protection for data transmission – New Technology

       

After the European Court of Justice on October 6th annulled the Safe Harbor agreement would WP29 – EU Working Party on data protection issues – that the EU urgently take new discussions with the US on the issue of protection of personal data sent from Europe to the United States.

The court decision said to be of great importance for how personal data can be transferred to the United States in the future.

The so-called 29 Group, representatives of all the EU countries’ data protection authorities, has had several extraordinary board meetings since her sentencing to interpret this.

– ARTICLE 29 clarifies that transfers to the United States that is now taking place with the support of the EU Commission decision on Safe Harbor is unlawful, says the Data Inspection Board’s General Counsel Hans-Olof Lindblom in a press release.

29 Working Party emphasizes that the court decision is based on the risk that EU citizens can be exposed to “massive and indiscriminate surveillance”. Besluet is a sequel to the revelations made by whistle blower Edward Snowden.

It also says that businesses and others who used the Safe Harbor supporting to transfer personal data to the US, “until further notice” can use the EU standard contractual clauses where the American companies promise to meet EU data protection rules. But while flagging 29-team so that should also examine how sustainable this is in the context.

European carriers are also encouraged to review the risks they take when they transmit personal information, and 29 group asking them to establish legal and technical solutions that reduce risks and to respect EU data protection rules.

” Transfers from the EU territory to countries whose authorities have the power to access information to an extent that goes beyond what is necessary in a democratic society will not be considered as a safe destination. In this respect means EU judgment that a decision on adequate protection requires a broad analysis of the third country’s domestic laws and international obligations, “the Data Inspection Board regarding the 29-group interpretation in its press release.

While progress since previous negotiations between the EU and the US on a new Safe-Harbor agreement.

29 group also puts pressure on the parties. You write that if there is not an adequate solution in place by the end of January 2016, so one is forced to take such measures as may be pan-European.

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