Although these frameworks are of a very different nature, a data transfer system on the one hand and a data protection agreement on the other, they represent a unique opportunity for the EU to guarantee and improve the protection of users` rights. Unfortunately, it turned out to be a missed opportunity. Both European negotiators and US negotiators misrepresced the data protection shield and the framework agreement and overestimated the level of protection of these privacy and data protection instruments. The person concerned: the person to whom the personal data relates. In a letter to the House judiciary committee, EPIC recommended amending the Judicial Redress Act to provide reasonable protection for data collected on non-U.S. data. People. The bill, which is also pending in the Senate, seeks to amend the federal data protection law. EPIC stated that the proposed legislation does not provide adequate protection to allow cross-border data flows. EPIC also drew attention to the growing concerns of the American public about non-enforcement.
EPIC has previously recommended steps taken by Congress to ensure adequate protection of all personal data collected by U.S. federal authorities. Epic also aims to publish the text of the “Umbrella Agreement” between the EU and the United States. EPIC supports the creation of a comprehensive legal framework to enable cross-border data flows. Epic had previously insisted that the United States begin ratifying Council of Europe Convention 108. The Judicial Redress Act gives the U.S. Minister of Justice, along with other administrative bodies in the United States, a margin of appreciation for countries or organizations whose citizens can exercise civil remedies as soon as a country has met certain conditions. This means that from today, even the limited redress mechanisms for EU citizens in the US depend on written insurance and not on a real right to reparation. And here is the problem: such a promise is intrinsically directly linked to the political will of the executive. Will President-elect Trump keep a promise made under the Obama administration? Only time will tell, but the European Commission must be prepared to suspend the agreement if the promise is not kept quickly.
Today, the European Parliament`s Civil Liberties Committee approved the EU-US framework agreement, which would protect the privacy of personal data transferred abroad for law enforcement purposes. There is a consensus on the need for such an agreement, but the final text has been severely attacked by data protection experts because it does not comply with EU law. However, the representatives of the European Parliament have decided to vote in favour of the flawed agreement and it will be put to a final plenary vote in the coming weeks, before it is implemented. Once again, the EU has made progress with a dysfunctional framework to reach a political compromise with the United States, instead of fully protecting the fundamental rights of Europeans. Yesterday, the European Parliament voted in favour of the adoption of the EU-US Umbrella Agreement, a framework for the exchange of personal data for repressive purposes (including counter-terrorism purposes) between the EU and the US. As we have already explained, negotiations have been going on for some time and the European Parliament first requested it in March 2009.