HomeInsightsArticle 29 Data Protection Working Party adopts Privacy Shield report following first joint annual review

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During the review process, held during September 2017, the Working Party focused on the assessment of both the commercial aspects of the Privacy Shield and on the legal framework relating to government access to personal data transferred from the EU for the purposes of law enforcement and national security, including legal remedies available to EU citizens. The Working Party assessed whether its concerns have been resolved and whether the safeguards provided under the EU-US Privacy Shield are workable and effective.

The report acknowledges the progress of the Privacy Shield in comparison with the invalidated Safe Harbour Decision. It recognises the efforts made by the US authorities and the Commission to implement the Privacy Shield. The Working Party says it will engage in advising the US authorities in drafting new guidance, in particular regarding HR data and onward transfers, in order to develop a common understanding of the Privacy Shield Principles and to address the needs of the business community on both sides of the Atlantic.

However, the WP29 has identified a number of significant concerns that need to be addressed by both the Commission and the US authorities. Therefore, the Working Party has called on the Commission and the US authorities to restart discussions. An action plan has to be set up immediately in order to demonstrate that all these concerns will be addressed. In particular, the report states, the appointment of an independent Ombudsperson should be prioritised and the rules of procedure be further explained including by declassification. Those concerns need to be resolved by 25 May 2018.

The Working Party expects the other concerns raised in the report to be addressed at the latest at the second joint review.

If no remedy is found in the given time frames, the Working Party says that it will take “appropriate action”, including bringing the Privacy Shield Adequacy decision to national courts for them to make a reference to the CJEU for a preliminary ruling. To read the Working Party’s press release in full and to access the report, click here.

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