New rules to protect the personal data of Europeans – Le Figaro

The “Privacy Shield” or “shield of protection of personal data” was adopted by the European Commission. Claimed for many months, it is already the subject of criticism.

A new framework to fight against the “massive data collection.” The “Privacy Shield”, adopted this Tuesday, July 12 by the European Commission, aims to protect a wide panel data brewed daily by Web giants and US intelligence agencies. The target agreement in particular the personal data of European citizens transferred to data center , or data centers, US.

The shield adopted today aims to “fundamentally different” from Safe Harbor, struck on 15 October by the ECJ. It is in any case the words of věra jourová, in charge of the case, in a statement of 8 July. European Commissioner of Justice ensures that it will restore the “consumer confidence” and a “legal security” for business. But above all, that the United States will ensure that access to data by intelligence services will be limited and controlled. The project is still some gray areas.

A new agreement without real novelty

As well as the “Safe Harbor”, the new shield is a voluntary mechanism ‘self-certification. Companies will certify themselves have practical accord.Ce accordance with the mechanism will be in place this summer. Sole responsibility of the US authorities. Check that the practices of companies benefiting from this agreement are consistent with the rule and penalize them if necessary

Le Monde was able to consult the text of the “decision of execution “signed by věra jourová. He said that the Europeans can challenge the use of their data if it does not meet the specific needs of companies. The data used according to these needs, assessed in advance, can in turn be kept indefinitely. Sensitive data will be subject to prior consent to be used legally. European citizens will have a say on how US companies operate their personal information. By contacting the holder body or by using a Joint Arbitration Board, they should nevertheless be required to be able to correct erroneous data. To examine their possible complaints, a mediator will be appointed by the Secretary of State. Independence is widely questioned.

An exception to the debated rule

If the device appeals to US tech giants, including Microsoft, possible exceptions to the rules set up by the “Privacy Shield” are debated the side of the supporters of the protection of personal data. Two of them return in particular: the imperative of internal security and the fight against crime.

In a statement, věra jourová recalls that these exceptions will be limited to the minimum necessary and should be proportionate to the needs. Principle comply with the reforms introduced by Obama on the protection of personal data. The extracted data in this framework will be retained for their 5 years.

Currently full investigation, the independent authorities of protection of personal data – or G29, finalize their position on the new agreement on 25 July. A deadline to assess whether or not this “Privacy Shield” is not just a single shield holes.