Accurate, Focused Research on Law, Technology and Knowledge Discovery Since 2002

Category Archives: EU Data Protection

Text of European Commission Adequacy Decision on Privacy Shield

European Commission Implementing Decision of 12.7.2016 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-U.S. Privacy Shield (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and in particular Article 25(6) thereof, After consulting the European Data Protection Supervisor,
1. Introduction
(1) Directive 95/46/EC sets the rules for transfers of personal data from Member States to third countries to the extent that such transfers fall within its scope.
(2) Article 1 of Directive 95/46/EC and recitals 2 and 10 in its preamble seek to ensure not only effective and complete protection of the fundamental rights and freedoms of natural persons, in particular the fundamental right to respect for private life with regard to the processing of personal data, but also a high level of protection of those fundamental rights and freedoms.
(3) The importance of both the fundamental right to respect for private life, guaranteed by Article 7, and the fundamental right to the protection of personal data, guaranteed by Article 8 of the Charter of Fundamental Rights of the European Union, has been emphasised in the case-law of the Court of Justice.
(4) Pursuant to Article 25(1) of Directive 95/46/EC Member States are required to provide that the transfer of personal data to a third country may take place only if the third country in question ensures an adequate level of protection and the Member State laws implementing other provisions of the Directive are respected prior to the transfer. The Commission may find that a third country ensures such an adequate level of protection by reason of its domestic law or of the international commitments it has entered into in order to protect the rights of individuals. In that case, and without prejudice to compliance with the national provisions adopted pursuant to other provisions of the Directive, personal data may be transferred from the Member States without additional guarantees being necessary….”

Motherboard – Terrorism Database Used by Governments and Banks Leaked Online

“…Thomson Reuters’ database, called World-Check, is used by over 300 government and intelligence agencies, as well as 49 of the world’s top 50 banks, according to a company fact sheet. World-Check is designed to give insight into financial crime and the people potentially behind it “We monitor over 530 sanction, watch, and regulatory law and… Continue Reading

TTIP and Digital Rights

TTIP and Digital Rights Published: 08.06.2015 – “The Transatlantic Trade and Investment Partnership (TTIP – pronounced “tee-tip”) is a draft trade agreement being negotiated between the United States (US) and the European Union (EU). This booklet presents the concerns that EDRi and its members have regarding TTIP, such as the lack of transparency in the… Continue Reading

BEUC and EDRi urge EU Commission not to undermine citizens’ privacy in trade agreements

EDRI – By Heini Järvinen “On 10 June 2016, the European Consumers Association (BEUC) and European Digital Rights (EDRi) sent an open letter to the EU Commissioner for Trade, Cecilia Malmström, to express our concerns about the inclusion of a ban on (non-defined) “data localisation” in trade agreements. We urge the Commission to defend one… Continue Reading

European Commission and IT Companies announce Code of Conduct on illegal online hate speech

Brussels, 31 May 2016 – “The Commission together with Facebook, Twitter, YouTube and Microsoft (“the IT companies”) today unveil a code of conduct that includes a series of commitments to combat the spread of illegal hate speech online in Europe. The IT Companies support the European Commission and EU Member States in the effort to… Continue Reading

U.S.-EU Data Privacy: From Safe Harbor to Privacy Shield

Via FAS – CRS report, U.S.-EU Data Privacy: From Safe Harbor to Privacy Shield, Martin A. Weiss, Specialist in International Trade and Finance; Kristin Archick; Specialist in European Affairs. May 19, 2016. “Both the United States and the European Union (EU) maintain that they are committed to upholding individual privacy rights and ensuring the protection… Continue Reading

EU Parliament and EU Council proposal for use of passenger name record data for law enforcement purposes

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, April 15, 2016. Continue Reading

EU Parliament adopts General Data Protection Regulation

European Parliament News: “New EU data protection rules [EU General Data Protection Regulation (“GDPR”)] which aim to give citizens back control of their personal data and create a high, uniform level of data protection across the EU fit for the digital era was given their final approval by MEPs on Thursday. The reform also sets… Continue Reading

The EU-U.S. Safe Harbor Agreement on Personal Data Privacy: In Brief

The EU-U.S. Safe Harbor Agreement on Personal Data Privacy: In Brief. Martin A. Weiss, Specialist in International Trade and Finance Kristin Archick Specialist in European Affairs. October 29, 2015. “On October 6, 2015, the Court of Justice of the European Union (CJEU) delivered a judgment that invalidates the Safe Harbor Agreement between the United States… Continue Reading

After Google Spain and Charlie Hebdo: The Continuing Evolution of European Union Data Privacy Law in a Time of Change

Voss, W. Gregory, After Google Spain and Charlie Hebdo: The Continuing Evolution of European Union Data Privacy Law in a Time of Change (January 6, 2016). Business Lawyer, Vol. 71, No. 1, 2015/2016. Available for download at SSRN: http://ssrn.com/abstract=2711996 “This article investigates various developments over that year that helped (or are helping) reshape European Union… Continue Reading

Negotiations for UK wiretap order access to US social media

Washington Post: “If U.S. and British negotiators have their way, MI5, the British domestic security service, could one day go directly to American companies like Facebook or Google with a wiretap order for the online chats of British suspects in a counter­terrorism investigation. The transatlantic allies have quietly begun negotiations this month on an agreement… Continue Reading

Google hardware and software monitoring millions of students in classrooms

Washington Post: “In public classrooms across the country, the corporate name that is fast becoming as common as pencils and erasers is Google. More than half of K-12 laptops or tablets purchased by U.S. schools in the third quarter were Chromebooks, cheap laptops that run Google software. Beyond its famed Web search, the company freely… Continue Reading