Second, the US equivalent of a European ministry of justice, the Attorney General will establish a Data Protection Review Court that will provide independent and binding review of CLPO’s decisions, including by commanding remedies to the intelligence community. The CLPO’s decision would be binding on intelligence agencies. Together with the executive order, the US administration transmitted to the European Commission a series of letters from the relevant government agencies outlining the internal adjustments they will put in place to enforce the new data-sharing regime.įor the US administration, these safeguards will be guaranteed by a two-layer mechanism.įirst, a Civil Liberties Protection Officer (CLPO) will be set up in the Office of the Director of National Intelligence and will be responsible for conducting initial investigations to verify complaints on whether the executive order has been violated. These safeguards entail significant changes to how the US intelligence community operates. The executive order mandates that the data-gathering activities of US intelligence services can only take place against well-defined national security objectives to advance a validated intelligence priority and must be carried out proportionately and considering the persons’ privacy and civil liberties.Įxtra safeguards have been added in handling personal information to extend the legal oversight of compliance officials who would be responsible for ensuring appropriate remedies are in place to address non-compliance. economic relationships are estimated to be worth $7.1 trillion. The Schrems II verdict cast uncertainty over transatlantic data transfers, a critical dimension of international trade. Legal redress is a fundamental principle of EU law.Īccording to a US senior official, the administration is ‘confident’ that the new data protection framework will stand the likely legal challenge before the EU Court of Justice since the two main issues raised during the Schrems II ruling – proportionality and redress – have been addressed. Moreover, the US legal system did not provide a legal remedy for EU residents that wanted to contest the processing of their personal data, which is illegal under the EU’s General Data Protection Regulation. The reason is that the US intelligence services indiscriminately collect bulk data, as revealed by Edward Snowden in 2013. In the Schrems II judgement, the EU top court found the US jurisdiction did not provide an adequate level of personal protection. US President Joe Biden and European Commission President Ursula von der Leyen declared on Friday (25 March) the two sides had reached a political agreement on international data transfers, a move cautiously welcomed by industry and analysts. “The EU-US data privacy framework will provide a durable and reliable legal foundation and certainty for transatlantic data flows and create greater economic opportunities for companies and citizens on both sides of the Atlantic,” said US Secretary of Commerce Gina Raimondo.īiden, Von der Leyen, announce agreement ‘in principle’ on transatlantic data flows The negotiations were made necessary by the fact that in July 2020, the EU Court of Justice invalidated for the second time the legal framework for transferring personal data across the Atlantic in the landmark Schrems II ruling. The executive order is the result of long negotiations between the US administration and the European Commission, which were certified in a political agreement in principle announced in March by Biden and Commission President Ursula von der Leyen. President of the United States, Joe Biden, has signed an executive order for a new EU-US data transfer framework which will introduce safeguards for US intelligence services’ access to European personal data, overcoming the stumbling block that saw the mechanism fail in 2020.
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