Bloomberg Law: Privacy & Data Security brings you single-source access to the expertise of Bloomberg Law’s privacy and data security editorial team, contributing practitioners,...
June 2 — European Union and U.S. officials June 2 signed the umbrella U.S.-EU law enforcement agreement designed to provide safeguards for personal data transferred across the Atlantic in criminal investigations.
The agreement—signed in Amsterdam by EU Justice Commissioner Vera Jourová and U.S. Attorney General Loretta E. Lynch—includes provisions on purpose limitation, information security, data retention, rights for data subjects to access and rectify their data, breach notification and onward transfer of data.
U.S.-EU discussions on the umbrella agreement had long been held up by the lack of redress options for EU citizens in case of privacy violations related to transferred data. President Barack Obama's signing of the Judicial Redress Act in February 2016 was instrumental in allowing the EU to move forward on the deal (14 PVLR 1657, 9/14/15).
The Judicial Redress Act authorizes the U.S. Department of Justice to designate countries whose citizens may file Privacy Act lawsuits for alleged misuse of personal information by the U.S. government (15 PVLR 445, 2/29/16).
The signing of the umbrella agreement isn't the end of the EU approval process. The umbrella agreement must still be given the green light by the European Parliament and adopted by EU member country governments represented in the Council of the EU.
Jan Philipp Albrecht, the German Green lawmaker who was the European Parliament's lead negotiator on the recently finalized EU General Data Protection Regulation (Regulation (EU) 2016/679) (15 PVLR 791, 4/18/16) said June 2 that “concerns remain about the compatibility” of the umbrella agreement “with the provisions on fundamental rights under EU law.”
The European Parliament shouldn't approve the umbrella agreement until the European Commission has secured “full judicial protection” in the U.S. for EU citizens whose data is transferred to the U.S. under the agreement, Albrecht said.
However, Dutch security and justice minister Ard van der Steur said in a statement that the agreement would “advance the full respect for fundamental rights whenever personal data is being transferred between” the EU and the U.S. The Netherlands presently chairs the Council of the EU.
The agreement would “improve cooperation between U.S. and European law enforcement authorities when combating serious crime and terrorism,” van der Steur said.
To contact the reporter on this story: Stephen Gardner in Brussels at firstname.lastname@example.org
To contact the editor responsible for this story: Daniel R. Stoller at email@example.com
The EU-U.S. umbrella agreement is available at http://ec.europa.eu/justice/data-protection/files/dp-umbrella-agreement_en.pdf.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)