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,...
By Jimmy H. Koo
The upcoming first annual review of a critical European Union-U.S. data transfer pact provides crucial opportunities to solidify its implementation, Justin Antonipillai, founder and CEO of data privacy management company WireWheel.io, told Bloomberg BNA in a video interview.
Antonipillai was the Department of Commerce acting undersecretary who led the U.S. team that negotiated the EU-U.S. Privacy Shield agreement easing transfers of personal data from the EU to U.S. companies. A new pact was necessary after the EU’s top court invalidated the previous agreement over concerns that data transferred to the U.S. wouldn’t be safe from government surveillance.
Some of the challenges in negotiating the Privacy Shield included bridging different legal regimes and providing real judicial redress mechanisms for EU citizens, he said. It was also difficult to share information with EU officials about U.S. government national security operations without disclosing classified information, he said. But ultimately, the sides came together to approve the new agreement.
More than 2,400 U.S. companies and tens of thousands of EU companies rely on the Privacy Shield to transfer data legally from the EU to U.S. companies that self-certify to Commerce their compliance with EU privacy principles. The U.S. and EU agreed to review the program each year to assess how well the privacy protections are working. The first review of the Privacy Shield is scheduled to begin Sept. 18.
According to Antonipillai, one of the topics to be highlighted during the review is how companies deal with automated processing of personal data using artificial intelligence and machine learning. “There are lots of judgment calls” involved in privacy issues, so AI needs human assistance, he said.
At Commerce, Antonipillai also worked on privacy and security issues surrounding the EU’s upcoming privacy regime—the General Data Protection Regulation (GDPR)—which will come into effect in May 2018.
The GDPR brings strict new requirements for gaining consent from individuals to collect and use their data, mandatory data breach notification, and the threat of massive fines. Companies located outside the EU that do business there or aim at EU consumers will be subject to the GDPR, and that has left many companies concerned about complying with the new law.
“If you’re Privacy Shield-certified, you’re well on your way to GDPR compliance,” Antonipillai said.
To contact the reporter on this story: Jimmy H. Koo in Washington at email@example.com
To contact the editor responsible for this story: Donald Aplin at firstname.lastname@example.org
Full video is available at http://src.bna.com/siw.
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
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 email@example.com.
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 firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)