Hardly adopted, the agreement Privacy Shield of personal data is already threatened – The World

The future of the agreement “Privacy Shield” between the European Union and the United States, achieved after months of difficult negotiations under the auspices of the Commission, is already threatened.

this agreement establishes a legal framework for companies wishing to transfer personal data of Europeans in the United States: so many companies that offer European services but are based overseas. The Privacy Shield, finally adopted by the EU on July 12 replaces the Safe Harbour, a similar agreement that was invalidated in 2015 by the European justice.

For the agreement complies with European law, the United States must provide European data protection their territory “substantially equivalent” to that proposed text on the Old Continent. The extent of the monitoring conducted over the Internet by the United States, and the lack of safeguards for European Internet users had weighed heavily in the cancellation of the Safe Harbour.

But there is no evidence at this stage that the practices of the US intelligence services have significantly changed. Thus, the agreement provides that the United States can monitor data of Europeans in the affairs of ‘national security’ or when “public interest” is involved . Vague concepts that allow a good flexibility to US authorities. Moreover, the collection of large amounts of European data is always considered … if individual targeting is not possible

Read also:. Personal data: Brussels launches a new legal framework for transfers to the US

a new invalidation?

Although the Commission insists that this agreement is “fundamentally different” the precedent that has been canceled, the permanence of the US monitoring could be used in court to get, again, a cancellation. This was repeatedly stated Max Schrems, the Austrian jurist whose lawsuit led to the cancellation of the Safe Harbour.

“The Privacy Shield must respect criteria defined by the EU and its courts, which clearly indicated that mass collection is incompatible with the fundamental right to protection of personal data, “ he insisted in an article published in . Irish Times and co-written by green MEP Jan-Philipp Albrecht

Even the mechanisms of protection and limitations that apply to private companies – like Facebook or Google – are too brittle to pass inspection of justice, say the two authors:

“It is terribly clear that the rules [of Privacy Shield] does not hold a candle the rules imposed by the EU. [...] Given its many shortcomings, it is very likely that [the agreement] is invalidated by the European Court. “

A notice expected July 25

A perspective which are preparing even those who have welcomed the adoption of Privacy Shield, like most companies digital. “Everyone knows that the Privacy Shield will meet again before the Court of Justice of the European Union” , told Buzzfeed Alexander Whalen of DigitalEurope, which represents a group including Apple, . Google and Microsoft

a first blow could occur as early as 25 July: protection authorities the European data, enforcement in each country of European law, will gather to express an opinion on the agreement. While some, including English or Irish, are generally conciliatory with US companies, others, like their French and German counterparts, are much more finicky. Some countries in Eastern Europe abstained during the vote of the Member States, another sign that agreement, it was adopted on behalf of all EU countries, is far from unanimous.