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privacy

This tag is associated with 11 posts

The Privacy Shield: Update on the state of play of the EU-US data transfer rules

The CJEU’s Schrems judgment of October 2015, besides declaring the European Commission’s Decision on the EU-US ‘Safe Harbour’ data transfer regime invalid, has also settled a number of crucial requirements corresponding to the foundations of EU data protection. In less than one year from the CJEU ruling, the Commission had adopted a new adequacy decision in which the new framework for EU-US data transfer, the Privacy Shield (2016), is deemed to adequately protect EU citizens. The main improvements of the Privacy Shield (over its predecessor), as well as the critical reactions to the new arrangements, are discussed in this paper. The first joint annual review took place in September 2017 on which both the Commission and Article 29 Working Party issued their own reports. Although progress is recognised, a number of concerns remain and new challenges to the Privacy Shield have arisen, among others, from the Facebook/Cambridge Analytica scandal, as pointed out by the European Parliament in its recent resolution. Continue reading

Reactions to the EU-US Privacy Shield, the successor to the Safe Harbour agreement

Written by Jan Baeverstroem, On 2 February 2016 the College of Commissioners approved the political agreement on the ‘The EU-US Privacy Shield’ , which was followed on 29 February 2016 by a draft “adequacy decision ” and the communication ‘Transatlantic Data Flows: Restoring Trust through Strong Safeguards ‘. The Commission has also made the US Government’s written commitments … Continue reading

TTIP: the question of data protection

Written by Jan Baeverstroem Contrary to EUs comprehensive data protection legislation, protection of privacy in the United States relies not only on federal and state legislation and regulation but also on private-sector regulation. The US Constitution’s First amendment protects citizens’ freedom of speech and the Fourth amendment protects citizens’ freedom of speech and right to … Continue reading

Net neutrality in Europe

Net neutrality means that data communications over a network are all processed in the same way, regardless of sender, receiver, application or content. This principle, and the fact that participating networks only make their ‘best effort’ to transmit all data, has historically underpinned the internet. However increasing demand for internet traffic, new applications that require … Continue reading

Big data: opportunities and privacy concerns

As datasets grow larger and increasingly complex, tools for processing them have become indispensable. However, their growing use has serious implications for privacy. Hence a heated debate has arisen over “big data”, with contrasting voices stressing either the gains or the risks involved and the difficulties in striking the right balance between the two. Sizeable … Continue reading

US Privacy and Civil Liberties Oversight Board : report on FISA and reactions

On 23 January 2014, the Privacy and Civil Liberties Oversight Board (PCLOB), published 238 page report on the Telephone Records Program Conducted under Section 215 of the USA PATRIOT Act and on the Operations of the Foreign Intelligence Surveillance (FISA) Court. The report contains not only a statutory and constitutional analysis, but also presents recommendations … Continue reading

NSA surveillance of EU citizens

  3 other language versions available in pdf: NSA-Affäre: Was unternimmt das Europäische Parlament? Face à la surveillance par la NSA des citoyens européens, qu’a fait le Parlement européen? Wat heeft het EP gedaan aan het NSA-toezicht op EU-burgers? Citizens have been concerned about the US National Security Agency (NSA) surveillance programmes since they were … Continue reading

Cloud computing & Social Networks

Cloud Computing and Social Network Sites (SNS) are among some of the most controversially discussed developments in recent years. The opportunities of using powerful computing resources on demand via the web are considered as a possible driver for the growth of the European economy. Continue reading

A new chapter in the data retention controversy

In December 2013, Advocate-General Pedro Cruz Villalón delivered his opinion in a highly publicised case before the Court of Justice of the EU (CJEU) concerning the Data Retention Directive. This has reignited the debate over this controversial measure, described by the European Data Protection Supervisor as “the most privacy-invasive instrument ever adopted by the EU”. … Continue reading

Impact of surveillance programmes on EU citizens’ rights to privacy

6 language versions available in PDF formatLes conséquences des programmes de surveillance pour le droit des citoyens de l’Union européenne à la vie privée Impatto dei programmi di sorveglianza sui diritti dei cittadini dell’UE in materia di riservatezza Wpływ programów nadzoru na prawo obywateli UE do prywatności Impact of surveillance programmes on EU citizens’ rights … Continue reading

Transatlantic Week: Library focus on EU-US relations

Barack Obama visits Berlin this week, to meet German Chancellor Angela Merkel. President Obama is also set to speak in front of the Brandenburg Gate, just as President John F. Kennedy did to make his historic statement “Ich bin ein Berliner” exactly 50 years ago. Not all discussions are expected to be bright and sunny … Continue reading

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