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The new is finally in its implementation phase agreement on the transfer of personal data between the European Union and the United Stateswhich has the goal of protect the rights of Europeans on privacy from Washington’s intelligence surveillance operations. US President Joe Biden has signed a executive order for the creation of a reference framework for the protection of privacy, civil liberties and to simplify procedures appeal in case of violation of the agreement. However, according to the European Consumer Organization (Beuc) and for associations for the protection of privacy European and US, the measures envisaged would not be sufficient to adequately protect users.
The European Data Protection Supervisor is appealing against the new Europol regulation, which gives the police agency great powers over the use of information. A slap in the face to the Council and the European Parliament and a question: does the block of 27 still want to be the champion of privacy?
Previous
The aim of the agreement would be to close the rift that opened in 2020 between the two sides of the Atlantic, when, for the second time, a ruling by the Court of Justice of the European Union (Cgeu) canceled the scheme exchange in force, the so-called Privacy shield. On that occasion, the Cgue demanded that US surveillance be proportionatepursuant to Article 52 of the Charter of Fundamental Rights (Cfr), and that a easy access to judicial remedyunder Article 47, citizens of the Union who believe they have been illegally targeted by US surveillance activities.
Biden’s executive order, i.e. a directive addressed to the federal government e not a lawcomes following a path announced in March 2022 by a joint note between Washington and Brussels, which sanctioned the start of work to resolve the regulatory issuescosting two verdicts against the previous agreements, the Safe harbor in 2015 and on Privacy shield in 2022. These are the so-called rulings Schrems I And Schrems IIfrom the surname of Max Schrems, the Austrian activist and honorary president of the association for the protection of personal data Noybwhich brought Facebook to court precisely for the unclear processing of information by the social network.
The meeting of the personal data guarantors of the seven most powerful economies in the world sets the stage for a free flow of data internationally. Pushing on encryption technologies, rules that minimize the use of information and shared standards
The target
Through the new executive order, Washington has pledged to strengthen privacy and civil liberties safeguards, in the context of US intelligence data collection, to allow only for activities necessary And proportionate. Also providing for a system of two-stage appealto allow European citizens to seek compensation in case they are subjected to illegal surveillance operations, divided between a supervisory body of intelligence agencies and a “tribunal” with independent judges, whose decisions would be binding on the agencies.
“While it is good that our litigation is now leading to a reaction from the president of the United States, this order probably will not solve the problem“, activists wrote Noyb commenting on the story, because it will not eliminate the “keep on mass surveillance“ US and will create a “Court that it is not a proper court“. In fact, although the executive order only authorizes surveillance activities “Necessary and proportionate”no reference is made to a reduction in mass surveillance by intelligence and second Noyb, “All data sent to ISPs will continue to end up in surveillance software like Prism or Upstream.”
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